[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Notices]
[Pages 70282-70284]
[FR Doc No: 2015-28810]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76386; File No. SR-NASDAQ-2015-128]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Chapter XV, Entitled ``Options Pricing,'' at Section 2 Governing
Pricing for NASDAQ Members

November 6, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 27, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's transaction fees at
Chapter XV, Section 2 entitled ``NASDAQ Options Market--Fees and
Rebates,'' which governs pricing for NASDAQ members using the NASDAQ
Options Market (``NOM''), NASDAQ's facility for executing and routing
standardized equity and index options.
    While these amendments are effective upon filing, the Exchange has

designated the proposed amendments to be operative on November 2, 2015.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes the following change to the NOM transaction
fees set forth at Chapter XV, Section 2 for executing and routing
standardized equity and index options under the Penny Pilot \3\ options
program.
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    \3\ The Penny Pilot was established in March 2008 and has since
been expanded and extended through June 30, 2016. See Securities
Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR 18587 (April
4, 2008) (SR-NASDAQ-2008-026) (notice of filing and immediate
effectiveness establishing Penny Pilot); 60874 (October 23, 2009),
74 FR 56682 (November 2, 2009)(SR-NASDAQ-2009-091) (notice of filing
and immediate effectiveness expanding and extending Penny Pilot);
60965 (November 9, 2009), 74 FR 59292 (November 17, 2009)(SR-NASDAQ-
2009-097) (notice of filing and immediate effectiveness adding
seventy-five classes to Penny Pilot); 61455 (February 1, 2010), 75
FR 6239 (February 8, 2010) (SR-NASDAQ-2010-013) (notice of filing
and immediate effectiveness adding seventy-five classes to Penny
Pilot); 62029 (May 4, 2010), 75 FR 25895 (May 10, 2010) (SR-NASDAQ-
2010-053) (notice of filing and immediate effectiveness adding
seventy-five classes to Penny Pilot); 65969 (December 15, 2011), 76
FR 79268 (December 21, 2011) (SR-NASDAQ-2011-169) (notice of filing
and immediate effectiveness [sic] extension and replacement of Penny
Pilot); 67325 (June 29, 2012), 77 FR 40127 (July 6, 2012) (SR-
NASDAQ-2012-075) (notice of filing and immediate effectiveness and
extension and replacement of Penny Pilot through December 31, 2012);
68519 (December 21, 2012), 78 FR 136 (January 2, 2013) (SR-NASDAQ-
2012-143) (notice of filing and immediate effectiveness and
extension and replacement of Penny Pilot through June 30, 2013);
69787 (June 18, 2013), 78 FR 37858 (June 24, 2013) (SR-NASDAQ-2013-
082) (notice of filing and immediate effectiveness and extension and
replacement of Penny Pilot through December 31, 2013); 71105
(December 17, 2013), 78 FR 77530 (December 23, 2013) (SR-NASDAQ-
2013-154) (notice of filing and immediate effectiveness and
extension and replacement of Penny Pilot through June 30, 2014); 79
FR 31151 [sic] (May 23, 2014), 79 FR 31151 (May 30, 2014) (SR-
NASDAQ-2014-056) (notice of filing and immediate effectiveness and
extension and replacement of Penny Pilot through December 31, 2014);
73686 (December 2, 2014), 79 FR 71477 (November 25, 2014) (SR-
NASDAQ-2014-115) (notice of filing and immediate effectiveness and
extension and replacement of Penny Pilot through June 30, 2015) and
75283 (June 24, 2015), 80 FR 37347 (June 30, 2015) (SR-NASDAQ-2015-
063) (Notice of Filing and Immediate Effectiveness of a Proposed
Rule Change Relating to Extension of the Exchange's Penny Pilot
Program and Replacement of Penny Pilot Issues That Have Been
Delisted.) See also NOM Rules, Chapter VI, Section 5.
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    The proposed change is as follows:
    Fees for Removing Liquidity in Penny Pilot Options: the Exchange
proposes to:
    1. Increase the Customer \4\ Fee for Removing Liquidity in Penny
Pilot Options from $0.48 to $0.50 per contract.
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    \4\ The term ``Customer'' applies to any transaction that is
identified by a Participant for clearing in the Customer range at
The Options Clearing Corporation (``OCC'') which is not for the
account of [sic] broker or dealer or for the account of a
``Professional'' (as that term is defined in Chapter I, Section
1(a)(48)).
---------------------------------------------------------------------------

    This rule change is described in greater detail below.
Customer Fee for Removing Liquidity in Penny Pilot Options
    The Exchange proposes, beginning November 2, 2015, to increase the
Customer Fee for Removing Liquidity in Penny Pilot Options from $0.48
per contract to $0.50 per contract. The Exchange notes that the Fees
for Removing Liquidity for other Participants in Penny Pilot Options
will remain the same.\5\
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    \5\ Non-Customers will continue to be assessed a $0.50 per
contract Fee for Removing Liquidity in Penny Pilot Options.
---------------------------------------------------------------------------

    The purpose of the proposed fee change is to increase the
transaction fee for Customers to the same fee level that is assessed
today to Professionals,\6\ Firms,\7\ NOM Market Makers,\8\ Non-NOM
Market Makers \9\ and Broker-Dealers.\10\ With this proposal all market
participants will be assessed the same Fee for Removing Liquidity in
Penny Pilot Options of $0.50 per contract. Despite the increase, the
Exchange believes that Customers will continue to send order flow to
NOM.
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    \6\ The term ``Professional'' means any person or entity that
(i) is not a broker or dealer in securities, and (ii) places more
than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s) pursuant to Chapter
I, Section 1(a)(48). All Professional orders shall be appropriately
marked by Participants.
    \7\ The term ``Firm'' or (``F'') applies to any transaction that
is identified by a Participant for clearing in the Firm range at
OCC.
    \8\ The term ``NOM Market Maker'' or (``M'') is a Participant
that has registered as a Market Maker on NOM pursuant to Chapter
VII, Section 2, and must also remain in good standing pursuant to
Chapter VII, Section 4. In order to receive NOM Market Maker pricing
in all securities, the Participant must be registered as a NOM
Market Maker in at least one security.
    \9\ The term ``Non-NOM Market Maker'' or (``O'') is a registered
market maker on another options exchange that is not a NOM Market
Maker. A Non-NOM Market Maker must append the proper Non-NOM Market
Maker designation to orders routed to NOM.
    \10\ The term ``Broker-Dealer'' or (``B'') applies to any
transaction which is not subject to any of the other transaction
fees applicable within a particular category.
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2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\11\ in general, and with
Section 6(b)(4) and 6(b)(5) of the Act,\12\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which Nasdaq operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4) and (5).
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Customer Fee for Removing Liquidity in Penny Pilot Options
    The Exchange's proposal to increase the Customer Fee for Removing
Liquidity in Penny Pilot Options from $0.48 per contract to $0.50 is
reasonable because all other market participants are currently assessed
a fee of $0.50 per contract today. The Exchange's increase would result
in all market participants being assessed the same Fee for Removing
Liquidity in Penny Pilot Options.
    The Exchange's proposal to increase the Customer Fee for Removing
Liquidity in Penny Pilot Options from $0.48 per contract to $0.50 is
equitable and not unfairly discriminatory because all market
participants would be uniformly assessed the same rate of $0.50 per
contract.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange's proposal to
increase the Customer Fee for Removing Liquidity in Penny Pilot Options
from $0.48 per contract to $0.50 will result in all market participants
being uniformly assessed the same fee for transactions in Penny Pilot
Options.
    The Exchange notes that it operates in a highly competitive market
in which

market participants can readily favor competing venues if they deem fee
levels at a particular venue to be excessive. In such an environment,
the Exchange must continually adjust its fees to remain competitive
with other exchanges and to attract order flow. The Exchange believes
that the proposal reflects this competitive environment.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\13\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-128 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-128. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such 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-NASDAQ-2015-128 and should
be submitted on or before December 4, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-28810 Filed 11-12-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Notices]
[Pages 25999-26000]
[FR Doc No: 2012-10556]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-1603-000]

PGPV, LLC; Supplemental Notice That Initial Market-Based Rate
Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
PGPV, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to

intervene or protest must serve a copy of that document on the
Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 16, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 26, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-10556 Filed 5-1-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Proposed Rules]
[Pages 51821-51824]
[FR Doc No: 2016-18482]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8183; Directorate Identifier 2015-NM-083-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-08-
11 for certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD
2012-08-11 currently requires repetitive detailed inspections for
defects and damage of the retract port flexible hoses on the left and
right Main Landing Gear (MLG) retraction actuator, and replacement of
the flexible hoses if necessary. Since we issued AD 2012-08-11, we
determined that the orientation of the retraction actuator ports must
be revised to address the identified unsafe condition. This proposed AD
would continue to require the actions required by AD 2012-08-11, and
would require reorientation of the retraction actuator of the MLG,
which would terminate the repetitive inspections. This proposed AD
would also remove airplanes from the applicability. We are proposing
this AD to prevent hydraulic fluid leakage in the event of a damaged
retract port flexible hose failure; this condition could lead to an
undamped extension of the MLG and could result in MLG structural
failure, leading to an unsafe, asymmetric landing configuration.

DATES: We must receive comments on this proposed AD by September 19,
2016.

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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     For Bombardier service information identified in this
NPRM, contact Bombardier, Inc., Q-Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-
4000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. For Goodrich service information identified
in this NPRM, contact Goodrich Corporation, Landing Gear, 1400 South
Service Road, West Oakville, ON, Canada L6L 5Y7; telephone +1-877-808-
7575; fax: +1-860-660-0372; Internet: https://techpubs.goodrich.com/ContactUs. You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

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-2016-
8183; 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
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Mechanical Systems
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New
York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; 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-2016-8183;
Directorate Identifier 2015-NM-083-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 based on 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 April 11, 2012, we issued AD 2012-08-11, Amendment 39-17028 (77
FR 24351, April 24, 2012) (``AD 2012-08-11''). AD 2012-08-11 requires
actions intended to address an unsafe condition on certain Bombardier,
Inc. Model DHC-8-400 series airplanes.
    Since we issued AD 2012-08-11, we determined that the left and
right MLG retraction actuator ports must be reoriented and the retract
port flexible hoses replaced with hydraulic tube assemblies to address
the identified unsafe condition. Transport Canada Civil Aviation
(TCCA), which is the aviation authority for Canada, has issued Canadian
Airworthiness Directive CF-2011-14R1, dated May 21, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
''the MCAI''), to correct an unsafe condition for certain Bombardier,
Inc. Model DHC-8-400, -401, and -402 airplanes. The MCAI states:

    Testing has shown that in the event of a main landing gear (MLG)
retraction actuator retract port flexible hose failure, in-flight
vibrations may cause excessive hydraulic fluid leakage. This could
potentially lead to an undamped extension of the MLG, which may
result in MLG structural failure, leading to an unsafe asymmetric
landing configuration.
    The original issue of this [Canadian] AD mandated the [detailed]
inspection [for defects and damage] of the retract port flexible
hose and its replacement [installing a new retract port flexible
hose], when required, to prevent damage to the MLG caused by
undamped gear extensions.
    Revision 1 of this [Canadian] AD mandates the reorientation of
the MLG Retraction Actuator to prevent hydraulic fluid leakage in
the event of a damaged retract port flexible hose.

    This proposed AD also would remove certain airplanes from the
applicability of AD 2012-08-11. Airplanes having serial number 4425 and
on were modified in production and therefore the identified unsafe
condition does not apply to these airplanes. You may examine the MCAI
in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-8183.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Bombardier Service Bulletin 84-32-105,
Revision A, dated April 24, 2015; and Service Bulletin 84-32-106,
Revision A, dated April 24, 2015. The service information describes
procedures to reorient the retraction actuator, which includes
modifying and reorienting the retraction actuator assembly, and
installing reconfigured hydraulic tube assemblies.
    Goodrich Aerospace Canada Ltd. has issued Service Bulletin 46550-
32-99 R2, dated February 19, 2015; and Service Bulletin 46455-32-100
R1, dated March 20, 2013. This service information describes procedures
for reworking and re-identifying the retraction actuator hydraulic tube
assembly and dressed yoke assembly, and reworking the retraction
actuators.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD affects 82 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection [retained action from   1 work-hour x $85                $0  $85 per inspection   $6,970 per
 AD 2012-08-11].                    per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
Reorient MLG retraction actuators  4 work-hours x $85                0  340................  $27,880.
 (new proposed action).             per hour = $340.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace the retract port flexible hose          4 work-hours x $85 per hour =               $713          $1,053
 (retained action from AD 2012-08-11).           $340.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in

air commerce by prescribing regulations for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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 removing Airworthiness Directive (AD)
2012-08-11, Amendment 39-17028 (77 FR 24351, April 24, 2012), and
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2016-8183; Directorate Identifier
2015-NM-083-AD.

(a) Comments Due Date

    We must receive comments by September 19, 2016.

(b) Affected ADs

    This AD replaces AD 2012-08-11, Amendment 39-17028 (77 FR 24351,
April 24, 2012) (``AD 2012-08-11'').

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-400, -401, and -
402 airplanes, certificated in any category, serial numbers 4001
through 4424 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by test reports that showed that failure of
a retract port flexible hose of a main landing gear (MLG) retraction
actuator could cause excessive hydraulic fluid leakage. We are
issuing this AD to prevent hydraulic fluid leakage in the event of a
damaged retract port flexible hose failure; this condition could
lead to an undamped extension of the MLG and could result in MLG
structural failure, leading to an unsafe asymmetric landing
configuration.

(f) Compliance

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

(g) Retained Repetitive Inspections and Follow-On Action, With New
Reference

    This paragraph restates the requirements of paragraph (g) of AD
2012-08-11, with new reference to terminating action. Within 600
flight hours after May 29, 2012 (the effective date of AD 2012-08-
11), do a detailed inspection for defects and damage of the retract
port flexible hose of the left and right MLG retraction actuators,
in accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-32-89, dated March 22, 2011. Repeat the
inspection thereafter at intervals not to exceed 600 flight hours.
If any defect or damage is found, before further flight, replace the
retract port flexible hose with a new or serviceable retract port
flexible hose, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-32-89, dated March 22, 2011. Doing
the actions required by paragraph (h) of this AD terminates the
inspections required by this paragraph.

(h) New Requirement of This AD: Reorient MLG Retraction Actuators

    Within 6,000 flight hours or 36 months, whichever occurs first
after the effective date of this AD: Reorient the MLG retraction
actuator by incorporating Bombardier ModSums 4-902418 and 4-902327,
in accordance with the Accomplishment Instructions of the applicable
service information specified in paragraphs (h)(1) and (h)(2) of
this AD. Accomplishment of the actions required by this paragraph
terminates the actions required by paragraph (g) of this AD.
    (1) Bombardier Service Bulletin 84-32-105, Revision A, dated
April 24, 2015, including Goodrich Service Bulletin 46550-32-99 R2,
dated February 19, 2015.
    (2) Bombardier Service Bulletin 84-32-106, Revision A, dated
April 24, 2015, including Goodrich Service Bulletin 46455-32-100 R1,
dated March 20, 2013.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(h) of this AD, if those actions were performed before the effective
date of this AD using the service information identified in
paragraphs (i)(1)and (i)(2) of this AD.
    (1) Bombardier Service Bulletin 84-32-105, dated September 28,
2012.
    (2) Bombardier Service Bulletin 84-32-106, dated September 10,
2012.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 New York ACO, send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax
516-794-5531. 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. The AMOC approval letter must
specifically reference this AD.
    (i) 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.
    (ii) AMOCs approved previously for AD 2012-08-11 are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2011-24R1, dated May 21,
2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-8183.
    (2) For Bombardier service information identified in this AD,
contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. For Goodrich service information
identified in this AD, contact Goodrich Corporation, Landing Gear,
1400

South Service Road, West Oakville, ON, Canada L6L 5Y7; telephone +1-
877-808-7575; fax: +1-860-660-0372; Internet: https://techpubs.goodrich.com/ContactUs. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on July 25, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-18482 Filed 8-4-16; 8:45 am]
 BILLING CODE 4910-13-P