[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Page 2434]
[FR Doc No: 2015-00619]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4205-DR; Docket ID FEMA-2014-0003]

Mississippi; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Mississippi (FEMA-4205-DR), dated January 7,
2015, and related determinations.

DATES: Effective Date: January 7, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated January 7, 2015, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Mississippi resulting from severe storms and tornadoes on
December 23, 2014, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Mississippi.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, William C. Watrel, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Mississippi have been
designated as adversely affected by this major disaster:

    Marion County for Public Assistance.
    All areas within the State of Mississippi are eligible for
assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-00619 Filed 1-15-15; 8:45 am]
BILLING CODE 9110-23-P


[Federal Register: September 14, 2009 (Volume 74, Number 176)]
[Rules and Regulations]
[Page 46893-46894]
[DOCID:fr14se09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0605; Airspace Docket No. 09-ASO-19]

Establishment of Class E Airspace; Clayton, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action establishes Class E Airspace at Clayton, GA.
Airspace is needed to support new Area Navigation (RNAV) Global
Positioning System (GPS) Standard Instrument Approach Procedures
(SIAPs) that have been developed for Heaven's Landing Airport. As a
result, controlled airspace extending upward from 700 feet Above Ground
Level (AGL) is needed to contain the SIAP and for Instrument Flight
Rule (IFR) operations at the airport. The operating status of the
airport will change from Visual flight Rules (VFR) to include IFR
operations concurrent with the publication of the SIAP. This action
enhances the safety and airspace management of Heaven's Landing
Airport, Clayton, GA.

DATES: Effective 0901 UTC, December 17, 2009. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.
Comments for inclusion in the Rules Docket must be received on or
before October 29, 2009.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2009-0605; Airspace Docket No. 09-ASO-19, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Avenue, College Park, Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will

publish a document in the Federal Register indicating that no adverse
or negative comments were received and confirming the effective date.
If the FAA receives, within the comment period, an adverse or negative
comment, or written notice of intent to submit such a comment, a
document withdrawing the direct final rule will be published in the
Federal Register, and a notice of proposed rulemaking may be published
with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.regulations.gov. Recently published rulemaking documents can
also be accessed through the FAA's Web page at http://www.faa.gov/
airports_airtraffic/air_traffic/publications/airspace_amendments.
Communications should identify both docket numbers and be submitted in
triplicate to the address specified under the caption ADDRESSES above
or through the Web site. All communications received on or before the
closing date for comments will be considered, and this rule may be
amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's idea and suggestions is extremely helpful in evaluating
the effectiveness of this action and determining whether additional
rulemaking action would be needed. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. Those wishing the
FAA to acknowledge receipt of their comments submitted in response to
this rule must submit a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-0605;
Airspace Docket No. 09-ASO-19.'' The postcard will be date stamped and
returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace at Clayton, GA, to provide
controlled airspace required to support the Approach Procedures (SIAPs)
that have been developed for Heaven's Landing Airport. Designations for
Class E airspace areas extending upward from 700 feet or more above the
surface of the Earth are published in FAA Order 7400.9S, dated October
3, 2008, and effective October 31, 2008, which is incorporated by
reference in 14 CFR 71.1. The Class E designations listed in this
document will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this direct final rule does not have federalism
implications under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
subtitle VII, part, A, subpart I, section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at Clayton, GA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace Designations and Reporting
Points, signed October 3, 2008, effective October 31, 2008, is amended
as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 feet
or more above the surface of the earth.
* * * * *

ASO GA E5 Clayton, GA [NEW]

Heaven's Landing Airport, GA
    (Lat. 34[deg]54'52'' N., long. 83[deg]27'35'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of the Heaven's Landing Airport.
* * * * *

    Issued in College Park, Georgia, on August 21, 2009.
Michael Vermuth,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E9-21892 Filed 9-11-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Rules and Regulations]
[Pages 15600-15604]
[FR Doc No: 2023-05061]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1645; Project Identifier MCAI-2022-00734-T;
Amendment 39-22371; AD 2023-05-02]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-21-
10, which applied to certain Airbus SAS Model A318, A320, and A321
series airplanes; and Model A319-111, -112, -113, -114, -115, -131, -
132, -133, -151N, and -153N airplanes; and AD 2022-07-08, which applied
to all Airbus SAS Model A318, A319, A320 and A321 series airplanes. AD
2020-21-10 and AD 2022-07-08 required revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. This AD was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. This AD continues to require the actions in AD 2020-21-
10 and AD 2022-07-08 and requires revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective April 18, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 18,
2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May
19, 2022 (87 FR 22117, April 14, 2022).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
November 19, 2020 (85 FR 65190, October 15, 2020).

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1645; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at regulations.gov under Docket No. FAA-2022-1645.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-21-10, Amendment 39-21283 (85 FR
65190,

October 15, 2020) (AD 2020-21-10) and AD 2022-07-08, Amendment 39-21996
(87 FR 22117, April 14, 2022) (AD 2022-07-08).
    AD 2020-21-10 applied to certain Airbus SAS Model A318, A320, and
A321 series airplanes, and Model A319-111, -112, -113, -114, -115, -
131, -132, -133, -151N, and -153N airplanes. AD 2020-21-10 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2020-21-10 to address the risks associated with the
effects of aging on airplane systems. Such effects could change system
characteristics, leading to an increased potential for failure of
certain life-limited parts, and reduced structural integrity or
controllability of the airplane.
    AD 2022-07-08 applied to all Airbus SAS Model A318, A319, A320, and
A321 series airplanes. AD 2022-07-08 required inspections of certain
trimmable horizontal stabilizer actuators (THSAs) and replacement if
necessary, and revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2022-07-08 to address premature wear of
the carbon friction disks on the no-back brake of the THSA, which could
lead to reduced braking efficiency in certain load conditions, and, in
conjunction with the inability of the power gear train to keep the ball
screw in its last commanded position, could result in uncommanded
movements of the trimmable horizontal stabilizer and loss of control of
the airplane. AD 2022-07-08 also specified that accomplishing the
revision required by that AD terminates certain requirements of AD
2020-21-10. This AD continues to allow that termination.
    The NPRM published in the Federal Register on December 19, 2022 (87
FR 77535). The NPRM was prompted by AD 2022-0102, dated June 8, 2022,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2022-0102) (referred to after this as the
MCAI). The MCAI states that new or more restrictive airworthiness
limitations have been developed to address the unsafe condition on
these products, which, if not addressed, could result in an increased
potential for failure of certain life-limited parts, and reduced
structural integrity of the airplane. EASA AD 2022-0102 superseded EASA
AD 2020-0034, dated February 25, 2020, and EASA AD 2020-0270, dated
December 7, 2020 (which correspond to FAA AD 2020-21-10 and AD 2022-07-
08, respectively).
    EASA AD 2022-0102 specifies that the revised airworthiness
limitations section document contains new tasks<PHONE_NUMBER>2-1-E and
274000-00003-1-E, which cover the inspections, corrective actions, and
reporting previously required by EASA AD 2017-0237, dated December 4,
2017 (which corresponds to FAA AD 2018-23-02, Amendment 39-19488 (83 FR
59278, November 23, 2018) (AD 2018-23-02)). Accomplishing the revision
of the existing maintenance or inspection program required by paragraph
(n) of this AD terminates the requirements of paragraphs (g) through
(k) of AD 2018-23-02 for Airbus SAS Model A318 series airplanes; Model
A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model
A320-211, -212, -214, -216, -231, -232, and -233 airplanes; and Model
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes only.
    In the NPRM, the FAA proposed to continue to require the actions in
AD 2020-21-10 and AD 2022-07-08. The NPRM also proposed to require
revising the existing maintenance or inspection program, as applicable,
to incorporate additional new or more restrictive airworthiness
limitations, as specified in EASA AD 2022-0102. The FAA is issuing this
AD to address the risks associated with the effects of aging on
airplane systems. Such effects could change system characteristics. The
unsafe condition, if not addressed, could result in an increased
potential for failure of certain life-limited parts, and reduced
structural integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1645.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.

Previous Alternative Methods of Compliance (AMOCs)

    Paragraphs (r)(1)(ii) and (iii) of the proposed AD allowed previous
AMOCs as AMOCs for the corresponding provisions of paragraph (n) of the
proposed AD (which contain new requirements). However, the AMOC
paragraphs did not indicate that the previous AMOCs were allowed to
continue to be AMOCs for the retained requirements in paragraphs (g),
(h), (j), and (k) of the proposed AD. The FAA has added paragraphs
(r)(1)(ii) and (iii) to this AD to allow previous AMOCs as AMOCs to the
restated requirements of this AD and reidentified subsequent paragraphs
accordingly.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
and any other changes described previously, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0102, dated June 8, 2022, which
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
    This AD requires EASA AD 2020-0270, dated December 7, 2020, which
the Director of the Federal Register approved for incorporation by
reference as of May 19, 2022 (87 FR 22117, April 14, 2022).
    This AD requires EASA AD 2020-0034, dated February 25, 2020, which
the Director of the Federal Register approved for incorporation by
reference as of November 19, 2020 (85 FR 65190, October 15, 2020).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 1,864 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2020-21-10 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA estimates the total cost per operator for the retained
actions from AD 2022-07-08 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-

hours per operator, although the agency recognizes that this number may
vary from operator to operator. Since operators incorporate maintenance
or inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2020-21-10, Amendment 39-21283 (85
FR 65190, October 15, 2020); and AD 2022-07-08, Amendment 39-21996 (87
FR 22117, April 14, 2022); and
0
b. Adding the following new airworthiness directive:

2023-05-02 Airbus SAS: Amendment 39-22371; Docket No. FAA-2022-1645;
Project Identifier MCAI-2022-00734-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 18, 2023.

(b) Affected ADs

    (1) This AD replaces AD 2020-21-10, Amendment 39-21283 (85 FR
65190, October 15, 2020) (AD 2020-21-10).
    (2) This AD replaces AD 2022-07-08, Amendment 39-21996 (87 FR
22117, April 14, 2022) (AD 2022-07-08).
    (3) This AD affects AD 2018-23-02, Amendment 39-19488 (83 FR
59278, November 23, 2018) (AD 2018-23-02).

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before February 18, 2022.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that additional new or
more restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address the risks associated with the effects of
aging on airplane systems. Such effects could change system
characteristics. The unsafe condition, if not addressed, could
result in an increased potential for failure of certain life-limited
parts, and reduced structural integrity of the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection Program
From AD 2020-21-10, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2020-21-10, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before November 7, 2019, except for Model
A319-171N airplanes: Except as specified in paragraph (h) of this
AD: Comply with all required actions and compliance times specified
in, and in accordance with, European Union Aviation Safety Agency
(EASA) AD 2020-0034, dated February 25, 2020 (EASA AD 2020-0034).
Accomplishing the revision of the existing maintenance or inspection
program required by paragraph (n) of this AD terminates the
requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0034, With No Changes

    This paragraph restates the exceptions specified in paragraph
(j) of AD 2020-21-10, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0034 do not apply to this AD.
    (2) Paragraph (3) of EASA 2020-0034 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, to incorporate the ``tasks and associated thresholds and
intervals'' specified in paragraph (3) of EASA 2020 0034 within 90
days after November 19, 2020 (the effective date AD 2020-21-10).
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0034 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0034, or
within 90 days after November 19, 2020 (the effective date AD 2020-
21-10), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0034 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0034 does not apply
to this AD.

(i) Retained Provisions for Alternative Actions and Intervals From AD
2020-21-10, With a New Exception

    This paragraph restates the requirements of paragraph (k) of AD
2020-21-10, with a new exception. Except as required by paragraph
(n) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2020-0034.

(j) Retained Revision of the Existing Maintenance or Inspection Program
From AD 2022-07-08, With No Changes

    This paragraph restates the requirements of paragraph (l) of AD
2022-07-08, with no changes. Accomplishing the revision of the
existing maintenance or inspection program required by paragraph (n)
of this AD terminates the requirements of this paragraph.
    (1) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
October 5, 2020, except as specified in paragraph (k) of this AD:
Comply with all required actions and compliance times specified in,
and in accordance with, EASA AD 2020-0270, dated December 7, 2020
(EASA AD 2020-0270).
    (2) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued after October 5,
2020, revise the existing maintenance or inspection program, as
applicable, to incorporate the provision specified in paragraph
(k)(7) of this AD.

(k) Retained Exceptions to EASA AD 2020-0270, With No Changes

    This paragraph restates the exceptions specified in paragraph
(m) of AD 2022-07-08, with no changes.
    (1) Where EASA AD 2020-0270 refers to its effective date, this
AD requires using May 19, 2022 (the effective date AD 2022-07-08).
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0270 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2020-0270 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after May 19, 2022 (the effective date
AD 2022-07-08).
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0270 is at the applicable
``limitations'' as incorporated by the requirements of paragraph (3)
of EASA AD 2020-0270, or within 90 days after May 19, 2022 (the
effective date AD 2022-07-08), whichever occurs later.
    (5) The provisions specified in paragraph (4) of EASA AD 2020-
0270 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2020-0270 does not apply
to this AD.
    (7) For all airplanes identified in paragraph (c) of this AD:
Where the Note for Item<PHONE_NUMBER>4-1-E of Section 4-1 in the
service information referenced in EASA AD 2020-0270 specifies ``NBB
carbon disc replacement'' instructions, for this AD, replace the
text ``NBB carbon disc replacement can be accomplished in accordance
with SB A320-27-1242 or VSB 47145-27-17,'' with ``NBB carbon disk
replacement must be accomplished in accordance with SB A320-27-
1242.''

(l) Retained Provisions for Alternative Actions and Intervals AD 2022-
07-08, With a New Exception

    This paragraph restates the requirements of paragraph (n) of AD
2022-07-08, with a new exception. Except as required by paragraph
(n) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) or intervals are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2020-0270.

(m) Retained Terminating Action for Certain Requirements of Paragraph
(g) of This AD

    This paragraph restates the terminating action specified in
paragraph (o) of AD 2022-07-08. Accomplishing the actions required
by paragraph (j) of this AD terminates the airworthiness limitations
section (ALS) limitation task<PHONE_NUMBER>4-1-E for the trimmable
horizontal stabilizer actuator (THSA), as required by paragraph (g)
of this AD.

(n) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (o) of this AD, comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0102, dated June 8, 2022 (EASA AD
2022-0102). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraphs (g) and (j) of this AD.

(o) Exceptions to EASA AD 2022-0102

    (1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2022-0102.
    (2) Paragraph (3) of EASA AD 2022-0102 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0102 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0102, or within 90
days after the effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2022-0102.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0102.

(p) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (n) of this AD, no alternative
actions (e.g., inspections) or intervals are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2022-0102.

(q) New Terminating Action for Certain Requirements of AD 2018-23-02

    Accomplishing the revision of the existing maintenance or
inspection program required by paragraph (n) of this AD terminates
the requirements of paragraphs (g) through (k) of AD 2018-23-02 for
Airbus SAS Model A318 series airplanes; Model A319-111, -112, -113,
-114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -
214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112,
-131, -211, -212, -213, -231, and -232 airplanes only.

(r) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (s) of this AD.
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2020-21-10 are approved as
AMOCs for the corresponding provisions of paragraphs (g) and (h) of
this AD.
    (iii) AMOCs approved previously for AD 2022-07-08 are approved
as AMOCs for the corresponding provisions of paragraphs (j) and (k)
of this AD.
    (iv) AMOCs approved previously for AD 2020-21-10 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0102 that are
required by paragraph (n) of this AD.
    (v) AMOCs approved previously for AD 2022-07-08 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0102 that are
required by paragraph (n) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(s) Additional Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(t) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 18, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0102,
dated June 8, 2022.
    (ii) [Reserved]

    (4) The following service information was approved for IBR on
May 19, 2022 (87 FR 22117, April 14, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0270,
dated December 7, 2020.
    (ii) [Reserved]
    (5) The following service information was approved for IBR on
November 19, 2020 (85 FR 65190, October 15, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0034,
dated February 25, 2020.
    (ii) [Reserved]
    (6) For EASA ADs 2022-0102, 2020-0270, and 2020-0034, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email [email protected]; website easa.europa.eu. You
may find these EASA ADs on the EASA website at ad.easa.europa.eu.
    (7) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (8) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-05061 Filed 3-13-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 25, 2009 (Volume 74, Number 226)]
[Notices]
[Page 61726-61727]
[DOCID:fr25no09-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61025; File No. SR-NYSEArca-2009-102]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending Rule
7.25

November 18, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 6, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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.
---------------------------------------------------------------------------

    \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 amend Rule 7.25 to remove the requirement
that for each security in which a Market Maker is registered as a Lead
Market Maker, the Lead Market Maker also register as an Odd Lot Dealer
in that security. The text of the proposed rule change is available at
the Exchange, the Commission's Public Reference Room, and http://
www.nyse.com.

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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 7.25 to remove the requirement
that for each security in which a Market Maker is registered as a Lead
Market Maker (``LMM''), the LMM also register as an Odd Lot Dealer
(``OLD'') in that security (the ``LMM-OLD requirement''). Going
forward, LMMs may choose to register as an OLD, but will not be
required to do so.
    The LMM-OLD requirement was originally established in order to
ensure that a mechanism existed whereby the Exchange could facilitate
odd lot executions for its primary listings that could not otherwise be
routed away to another market center for execution.\4\ This historical
concern no longer exists. All orders in primary listings, whether odd
lot or round lot, are eligible for routing to away market centers. Any
eligible unexecuted balance of odd lot orders, like round lot orders,
shall be routed to away market centers for execution pursuant to NYSE
Arca Equities Rule 7.37(d). Also, for purposes of ranking and
execution, round lot, mixed lot and odd lot orders are treated in the
same manner on the NYSE Arca Marketplace.\5\ As a result, it is no
longer necessary to require LMMs to register as OLDs. Instead, as with
all market makers, LMMs may choose to register as an OLD, but will not
be required to do so.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 52827 (November 23,
2005), 70 FR 72139 (December 1, 2005) (order approving SR-PCX-2005-
56).
    \5\ If there is an Odd Lot Dealer registered in the security,
the order shall be matched in the Odd Lot Tracking Order Process
pursuant to Rule 7.37(c). If there is no Odd Lot Dealer registered
in that security, the odd lot will be routed away pursuant to NYSE
Arca Equities Rule 7.37(d).
---------------------------------------------------------------------------

    In addition, until recently, the Exchange paid a $0.02 per share
credit to market makers that executed against an odd lot order. This
rebate represented a higher than standard rebate, and acted as an
incentive for market makers to register as OLDs. However, the Exchange
notes that as of August 3, 2009, the Exchange eliminated all distinct
odd lot pricing and now makes no distinction with respect to the rates
applied to odd lot and round lot executions.\6\
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    \6\ See Securities Exchange Act Release No. 60495 (August 13,
2009), 74 FR 41957 (August 19, 2009) (notice of filing and immediate
effectiveness of SR-NYSEArca-2009-72).
---------------------------------------------------------------------------

    The Exchange is not otherwise altering any other rights or
obligations of LMMs.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
and furthers the objectives of Section 6(b)(5) of the Act,\7\ in that
it is designed to promote just and equitable principles of

trade, remove impediments to and perfect the mechanisms of a free and
open market and a national market system and, in general, to protect
investors and the public interest. The Exchange is simply eliminating
the requirement that LMMs register as an OLD in the security in which
they are also registered as an LMM. The Exchange is not otherwise
altering the rights and obligations of LMMs.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, 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) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) of the Act \10\
normally does not become operative prior to 30 days after the date of
the filing. However, Rule 19b-4(f)(6) \11\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ Id.
---------------------------------------------------------------------------

    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-2009-102 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-2009-102. 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 Section, 100 F Street,
NE., Washington, DC 20549-1090 on official business days between the
hours of 10 a.m. and 3 p.m. Copies of the filing will also be available
for inspection and copying at NYSE Arca's principal office and on its
Internet Web site at http://www.nyse.com. 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-2009-102 and should be
submitted on or before December 16, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-28197 Filed 11-24-09; 8:45 am]

BILLING CODE 8011-01-P