[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1870-1874]
[FR Doc No: 2015-32519]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1275; Directorate Identifier 2014-NM-070-AD;
Amendment 39-18354; AD 2015-26-06]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2004-14-09 for
certain Airbus Model A320-211, -212, and -231 airplanes. AD 2004-14-09
required repetitive inspections for fatigue cracking of the lower
surface panel on the wing center box, and repair if necessary; and
modification of the lower surface panel on the wing center box, which
constitutes terminating action for the repetitive inspections. This new
AD retains the requirements of AD 2004-14-09, reduces the compliance
times for the repetitive inspections, and requires an additional repair
for certain airplanes. This AD was

prompted by a determination that, based on the average flight duration,
the average weight of fuel at landing is higher than that defined for
the analysis of the fatigue-related tasks; and that shot peening might
have been improperly done on the chromic acid anodizing (CAA)
protection, which would adversely affect fatigue crack protection. We
are issuing this AD to detect and correct fatigue cracking of the lower
surface panel on the wing center box, which could result in reduced
structural integrity of the airplane.

DATES: This AD becomes effective February 18, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 18,
2016.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of August
13, 2004 (69 FR 41398, July 9, 2004).
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
November 27, 1998 (63 FR 56542, October 22, 1998).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-1275; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this final rule, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1275.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2004-14-09, Amendment 39-13718 (69 FR 41398,
July 9, 2004). AD 2004-14-09 applied to certain Airbus Model A320-211,
-212, and -231 airplanes. The NPRM published in the Federal Register on
May 8, 2015 (80 FR 26492). The NPRM was prompted by a determination
that, based on the average flight duration, the average weight of fuel
at landing is higher than that defined for the analysis of the fatigue-
related tasks; and that shot peening might have been improperly done on
the CAA protection, which would adversely affect fatigue crack
protection. The NPRM proposed to continue to require repetitive
inspections for fatigue cracking of the lower surface panel on the wing
center box, and repair if necessary; and modification of the lower
surface panel on the wing center box, which constitutes terminating
action for the repetitive inspections. The NPRM also proposed to reduce
the compliance times for the repetitive inspections, and would require
a repair for certain airplanes. We are issuing this AD to detect and
correct fatigue cracking of the lower surface panel on the wing center
box, which could result in reduced structural integrity of the
airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0065, dated March 14, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on certain Model A320-
211, -212, and -231 airplanes. The MCAI states:

    During center fuselage certification full scale test, damage was
found in the center wing box (CWB) lower surface panel.
    This condition, if not detected and corrected, could affect the
structural integrity of the CWB.
    To prevent such damage, Airbus developed mod 22418 which
consists in shot-peening of the lower panel in the related area. Mod
22418 has been embodied in production from aeroplane [manufacturer
serial number] (MSN) 0359. For unmodified in-service aeroplanes,
Airbus issued Service Bulletin (SB) A320-57-1082 to introduce
repetitive High Frequency Eddy Current (HFEC) inspections on the
external face of the center wing box lower panel between Frame (FR)
41 and FR42 to detect damage.
    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile]
France issued AD 2002-342 [http://ad.easa.europa.eu/blob/20023420tb_superseded.pdf/AD_F-2002-342_1] to require these
inspections and, depending on findings, applicable corrective
action(s). Airbus also issued SB A320-57-1043 as an optional
terminating action for the repetitive inspections required by DGAC
France AD 2002-342.
    Since that [DGAC] AD was issued, the results of a survey,
carried out on the A320 fleet, highlighted some differences between
the mission parameters, mainly on the weight of fuel at landing and
on the average flight duration, which are higher than those defined
for the analysis of the fatigue related tasks.
    These findings have led to an adjustment of the A320 reference
fatigue mission. Consequently, the threshold and intervals of these
repetitive inspections have been revised and a new threshold figure
expressed in flight hours (FH) has been established.
    In addition, it has been identified that, on aeroplanes that
have been modified in accordance with Airbus SB A320-57-1043 (Airbus
mod 22418) at Revision 05 or an earlier Revision, the shot peening
may have been improperly done on the Chromic Acid Anodizing (CAA)
protection, which has no fatigue benefit effect. Therefore, the
inspections per Airbus SB A320-57-1082 are required again on these
aeroplanes.
    Consequently, new shot-peening procedures with proper CAA
protection removal instructions have been developed and their
embodiment through Airbus SB A320-57-1043 Revision 06 cancels the
repetitive inspections per Airbus SB A320-57-1082, as required by
DGAC France AD 2002-342.
    For the reasons described above, this new [EASA] AD retains the
requirements of DGAC France AD 2002-342, which is superseded, but
requires these actions to be accomplished within reduced thresholds
and intervals. In addition, the optional terminating action
provision (SB A320-57-1043) is amended by including reference to the
SB at Revision 06.

    The optional terminating action described in Airbus Service
Bulletin A320-57-1043, Revision 06, dated December 5, 2013, is
accomplishing shot peening in the radius of the milling step between
stiffeners 13 and 14 near the fuel pump aperture. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-1275-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (80 FR 26492, May 8, 2015)
or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (80 FR

26492, May 8, 2015) for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 26492, May 8, 2015).

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-57-1043, Revision 06, dated
December 5, 2013. This service information describes procedures for
shot peening in the radius of the milling step between stiffeners 13
and 14 near the fuel pump aperture.
    Airbus has also issued Service Bulletin A320-57-1082, Revision 04,
dated December 5, 2013. This service information describes procedures
for inspections for cracking of the lower surface panel on the wing
center box.
    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.

Costs of Compliance

    We estimate that this AD affects 46 airplanes of U.S. registry.
    The actions that were required by AD 2004-14-09, Amendment 39-13718
(69 FR 41398, July 9, 2004), and retained in this AD take about 25
work-hours per product, at an average labor rate of $85 per work-hour.
Based on these figures, the estimated cost of the actions that were
required by AD 2004-14-09 is $2,125 per product.
    The new requirements of this AD will add no additional economic
burden.
    We have received no definitive data that will enable us to provide
cost estimates for the on-condition actions specified in this AD. We
have no way of determining the number of aircraft that might need these
actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-1275; 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 AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 removing Airworthiness Directive (AD)
2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), and adding
the following new AD:

2015-26-06 Airbus: Amendment 39-18354. Docket No. FAA-2015-1275;
Directorate Identifier 2014-NM-070-AD.

(a) Effective Date

    This AD becomes effective February 18, 2016.

(b) Affected ADs

    This AD replaces AD 2004-14-09, Amendment 39-13718 (69 FR 41398,
July 9, 2004).

(c) Applicability

    This AD applies to Airbus Model A320-211, -212, and -231
airplanes, certificated in any category, all manufacturer serial
numbers, except those on which Airbus Modification 22418 has been
embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a determination that, based on the
average flight duration, the average weight of fuel at landing is
higher than that defined for the analysis of the fatigue-related
tasks; and that shot peening might have been improperly done on the
chromic acid anodizing (CAA) protection, which would adversely
affect fatigue crack protection. We are issuing this AD to detect
and correct fatigue cracking of the lower surface panel on the wing
center box (WCB), which could result in reduced structural integrity
of the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections, With No Changes

    This paragraph restates the requirements of paragraph (a) of AD
2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no
changes. Except as provided by paragraph (k) of this AD: Prior to
the accumulation of 20,000 total flight cycles, or within 60 days
after November 27, 1998 (the effective date of AD 98-22-05,
Amendment 39-10851 (63 FR 56542, October 22, 1998)), whichever
occurs later, perform a high frequency eddy current (HFEC)
inspection to detect fatigue cracking of the lower surface panel on
the WCB, in accordance with Airbus Service Bulletin A320-57-1082,
Revision 01, dated December 10, 1997; or Revision 03, dated April
30, 2002. Repeat the HFEC inspection thereafter at intervals not to
exceed 7,500 flight cycles until the actions required by paragraph
(i) of this AD are accomplished.

(h) Retained Repair, With No Changes

    This paragraph restates the requirements of paragraph (b) of AD
2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no
changes. Except as provided by paragraph (j) of this AD, if any
cracking is detected during any inspection required by paragraph (g)
of this AD: Prior to further flight, repair in accordance with
Airbus

Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997;
or Revision 03, dated April 30, 2002. Accomplishment of the repair
constitutes terminating action for the repetitive inspections
required by paragraph (g) of this AD for the repaired area only.

(i) Retained Inspection/Modification/Repair, With New Terminating
Action

    This paragraph restates the requirements of paragraph (c) of AD
2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with new
terminating action provided. Prior to the accumulation of 25,000
total flight cycles, or within 60 days after November 27, 1998 (the
effective date of AD 98-22-05, Amendment 39-10851 (63 FR 56542,
October 22, 1998)), whichever occurs later: Perform an HFEC
inspection to detect fatigue cracking of the lower surface panel on
the WCB, in accordance with Airbus Service Bulletin A320-57-1082,
Revision 01, dated December 10, 1997; or Revision 03, dated April
30, 2002. Accomplishment of the initial inspection required by
paragraph (p) of this AD constitutes terminating action for the
inspection requirements of this paragraph.
    (1) If no cracking is detected: Prior to further flight, modify
the lower surface panel on the WCB, in accordance with Airbus
Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997; or
Revision 05, dated April 30, 2002. Accomplishment of the
modification constitutes terminating action for the requirements of
paragraph (g) of this AD.
    (2) Except as provided by paragraph (j) of this AD: If any
cracking is detected, prior to further flight, repair in accordance
with Airbus Service Bulletin A320-57-1082, Revision 01, dated
December 10, 1997, or Revision 03, dated April 30, 2002; and modify
any uncracked area, in accordance with Airbus Service Bulletin A320-
57-1043, Revision 02, dated May 14, 1997, or Revision 05, dated
April 30, 2002. Accomplishment of the repair of cracked area(s) and
modification of uncracked area(s) constitutes terminating action for
the requirements of paragraph (g) of this AD.

(j) Retained Service Bulletin Exception, With Revised Repair
Instructions

    This paragraph restates the requirements of paragraph (d) of AD
2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with
revised repair instructions. If any cracking is detected during any
inspection required by paragraph (h) or (i)(2) of this AD, and the
applicable service bulletin specifies to contact Airbus for an
appropriate action: Prior to further flight, repair using a method
approved by the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate; or the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or its delegated
agent); or the European Aviation Safety Agency (EASA); or Airbus's
EASA Design Organization Approval (DOA). After the effective date of
this AD only repair using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the EASA; or Airbus's EASA DOA.

(k) Retained Provision for Certain Inspection Exception, With No
Changes

    This paragraph restates the provision of paragraph (e) of AD
2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no
changes. The actions required by paragraph (g) of this AD are not
required to be accomplished if the requirements of paragraph (i) of
this AD are accomplished at the time specified in paragraph (g) of
this AD.

(l) Retained Initial Inspection, With Terminating Action

    This paragraph restates the requirements of paragraph (f) of AD
2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with
terminating action provided. For airplanes on which neither the
inspection required by paragraph (g) of this AD nor the modification
required by paragraph (i)(1) of this AD has been done before August
13, 2004 (the effective date of AD 2004-14-09): Perform an HFEC
inspection to detect fatigue cracking of the lower surface panel on
the WCB, in accordance with Airbus Service Bulletin A320-57-1082,
Revision 01, dated December 10, 1997; or Revision 03, dated April
30, 2002; at the later of the times specified in paragraphs (l)(1)
and (l)(2) of this AD. Accomplishment of the inspection required by
this paragraph terminates the requirements of paragraph (g) of this
AD. Accomplishment of the initial inspection required by paragraph
(p) of this AD terminates the inspection requirements of this
paragraph.
    (1) Prior to the accumulation of 13,200 total flight cycles or
39,700 total flight hours, whichever is first.
    (2) Prior to the accumulation of 20,000 total flight cycles, or
within 3,500 flight cycles after August 13, 2004 (the effective date
of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004)),
whichever is later.

(m) Retained Repetitive Inspections, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no
changes. If no cracking is detected during the inspection required
by paragraph (g) or (l) of this AD: Repeat the inspection required
by paragraph (l) of this AD at the applicable time specified in
paragraph (m)(1) or (m)(2) of this AD. Accomplishment of the
modification required by paragraph (i)(1) of this AD terminates the
requirements of this paragraph.
    (1) For airplanes on which the inspections required by paragraph
(g) of this AD have been initiated before August 13, 2004 (the
effective date of AD 2004-14-09, Amendment 39-13718 (69 FR 41398,
July 9, 2004)): Do the next inspection within 5,700 flight cycles
after accomplishment of the last inspection, or within 1,800 flight
cycles after August 13, 2004, whichever is later. Repeat the
inspection thereafter at intervals not to exceed 5,700 flight
cycles.
    (2) For airplanes on which no inspection required by paragraph
(g) of this AD has been done before August 13, 2004 (the effective
date of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9,
2004)): Do the next inspection within 5,700 flight cycles after
accomplishment of the inspection required by paragraph (l) of this
AD. Repeat the inspection thereafter at intervals not to exceed
5,700 flight cycles.

(n) Retained Repair/Modification, With Revised Repair Instructions

    This paragraph restates the requirements of paragraph (h) of AD
2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with
revised repair instructions. If any cracking is detected during any
inspection required by paragraph (l) or (m) of this AD, prior to
further flight, repair in accordance with Airbus Service Bulletin
A320-57-1082, Revision 01, dated December 10, 1997, or Revision 03,
dated April 30, 2002; and modify any uncracked area, in accordance
with Airbus Service Bulletin A320-57-1043, Revision 02, dated May
14, 1997, or Revision 05, dated April 30, 2002. Where Airbus Service
Bulletin A320-57-1082 specifies to contact Airbus for an appropriate
repair action: Prior to further flight, repair using a method
approved by the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate; or the DGAC (or its delegated
agent)); or EASA; or Airbus's EASA DOA. After the effective date of
this AD only repair using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or EASA; or Airbus's EASA DOA. Accomplishment of the repair of
cracked area(s) and modification of uncracked area(s) constitutes
terminating action for the requirements of paragraphs (g) through
(n) of this AD.

(o) New Requirement of This AD: Repair of Certain Airplanes

    For airplanes on which the actions specified in Airbus Service
Bulletin A320-57-1043 have not been accomplished, and on which a
repair has been accomplished, as specified in the service
information identified in paragraph (o)(1), (o)(2), (o)(3), or
(o)(4) of this AD: Within 30 days after the effective date of this
AD, repair using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; the EASA; or
Airbus's EASA DOA.
    (1) Airbus Service Bulletin A320-57-1082, dated October 31,
1996.
    (2) Airbus Service Bulletin A320-57-1082, Revision 01, dated
December 10, 1997.
    (3) Airbus Service Bulletin A320-57-1082, Revision 02, dated
July 26, 1999.
    (4) Airbus Service Bulletin A320-57-1082, Revision 03, dated
April 30, 2002.

(p) New Requirement of This AD: Repetitive WCB Inspections

    At the applicable time specified in paragraphs (p)(1) and (p)(2)
of this AD: Do an HFEC inspection for cracking of the lower surface
panel on the WCB, in accordance with the Accomplishment Instructions
of Airbus Service Bulletin A320-57-1082, Revision 04, dated December
5, 2013. Repeat the inspection of the lower surface panel on the WCB
thereafter at intervals not to exceed 7,200 flight cycles or 14,400
flight hours, whichever occurs first. Accomplishment of

the initial inspection required by this paragraph terminates the
inspections required by paragraphs (g), (i), and (l) of this AD.
    (1) For airplanes on which the actions specified in Airbus
Service Bulletin A320-57-1043 have not been done: At the later of
the times specified in paragraphs (p)(1)(i) and (p)(1)(ii) of this
AD.
    (i) Before the accumulation of 20,700 flight cycles or 41,400
flight hours, whichever occurs first since first flight of the
airplane.
    (ii) Within 7,200 flight cycles or 14,400 flight hours,
whichever occurs first after doing the most recent inspection as
specified in the service information specified in paragraph (o)(1),
(o)(2), (o)(3), or (o)(4) of this AD.
    (2) For airplanes on which the actions specified in Airbus
Service Bulletin A320-57-1043 have been done: At the latest of the
times specified in paragraphs (p)(2)(i), (p)(2)(ii), and (p)(2)(iii)
of this AD.
    (i) Within 7,200 flight cycles or 14,400 flight hours, whichever
occurs first since doing the actions specified in Airbus Service
Bulletin A320-57-1043.
    (ii) Within 3,750 flight cycles or 7,500 flight hours, whichever
occurs first after July 31, 2012 (as described in Airbus Service
Bulletin A320-57-1082, Revision 04, dated December 5, 2013).
    (iii) Within 850 flight cycles or 1,700 flight hours, whichever
occurs first after the effective date of this AD.

(q) New Requirement of This AD: Repair of WCB

    If any crack is found during any inspection required by
paragraph (p) of this AD: Before further flight, repair using a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; the EASA; or Airbus's EASA DOA.

(r) New Optional Terminating Action

    Modification of an airplane, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-57-1043,
Revision 06, dated December 5, 2013, constitutes terminating action
for the actions required by paragraph (p) of this AD.

(s) Credit for Previous Actions

    This paragraph provides credit for applicable actions required
by paragraphs (g) through (n) of this AD, if those actions were
performed before the effective date of this AD using the applicable
Airbus Service Information provided in paragraphs (s)(1) through
(s)(8) of this AD.
    (1) Airbus Service Bulletin A320-57-1043, dated February 16,
1993, which is not incorporated by reference in this AD.
    (2) Airbus Service Bulletin A320-57-1043, Revision 01, dated
June 14, 1996, which is not incorporated by reference in this AD.
    (3) Airbus Service Bulletin A320-57-1043, Revision 02, dated May
14, 1997, which was incorporated by reference on November 27, 1998
(63 FR 56542, October 22, 1998).
    (4) Airbus Service Bulletin A320-57-1043, Revision 03, dated
October 24, 1997, which is not incorporated by reference in this AD.
    (5) Airbus Service Bulletin A320-57-1043, Revision 04, dated May
15, 1999, which is not incorporated by reference in this AD.
    (6) Airbus Service Bulletin A320-57-1082, Revision 01, dated
December 10, 1997, which was incorporated by reference on November
27, 1998 (63 FR 56542, October 22, 1998).
    (7) Airbus Service Bulletin A320-57-1082, Revision 02, dated
July 26, 1999, which is not incorporated by reference in this AD.
    (8) Airbus Service Bulletin A320-57-1082, Revision 03, dated
April 30, 2002, which was incorporated by reference on August 13,
2004 (69 FR 41398, July 9, 2004).

(t) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, 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, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.

(u) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0065, dated March 14, 2014,
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-2015-1275.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (v)(6) and (v)(7) of this AD.

(v) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
February 18, 2016.
    (i) Airbus Service Bulletin A320-57-1043, Revision 06, dated
December 5, 2013.
    (ii) Airbus Service Bulletin A320-57-1082, Revision 04, dated
December 5, 2013. (4) The following service information was approved
for IBR on August 13, 2004 (69 FR 41398, July 9, 2004).
    (i) Airbus Service Bulletin A320-57-1043, Revision 05, dated
April 30, 2002.
    (ii) Airbus Service Bulletin A320-57-1082, Revision 03, dated
April 30, 2002.
    (5) The following service information was approved for IBR on
November 27, 1998 (63 FR 56542, October 22, 1998).
    (i) Airbus Service Bulletin A320-57-1043, Revision 02, dated May
14, 1997. Pages 1 through 6, 8, 13, and 14 of this service bulletin
are marked Revision 02, dated May 14, 1997; pages 7, 9 through 12,
and 15 of this service bulletin are from the original issue, dated
February 16, 1993.
    (ii) Airbus Service Bulletin A320-57-1082, Revision 01, dated
December 10, 1997.
    (6) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (7) 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
425-227-1221.
    (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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 18, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-32519 Filed 1-13-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Rules and Regulations]
[Pages 21762-21764]
[FR Doc No: 2020-08225]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1079; Product Identifier 2019-NM-194-AD; Amendment
39-19898; AD 2020-07-19]
RIN 2120-AA64

Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain ATR--GIE Avions de Transport R[eacute]gional Model ATR72
airplanes. This AD was prompted by occurrences of smoke in the flight
deck and flap extension difficulties due to wire chafing on the
electrical harness under a certain panel. This AD requires modifying
the clamp installation of the electrical routing on a certain rib of
the left- and right-hand side of the wing rear spars, 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 May 26, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 26,
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-1079.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1079; 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 regulatory evaluation, 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.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0290, dated November 29, 2019
(``EASA AD 2019-0290'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain ATR--GIE Avions de Transport R[eacute]gional
Model ATR72 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain ATR--GIE Avions
de Transport R[eacute]gional Model ATR72 airplanes. The NPRM published
in the Federal Register on January 27, 2020 (85 FR 4616). The NPRM was
prompted by occurrences of smoke in the flight deck and flap extension
difficulties due to wire chafing on the electrical harness under a
certain panel. The NPRM proposed to require modifying the clamp
installation of the electrical routing on a certain rib of the left-
and right-hand side of the wing rear spars, as specified in EASA AD
2019-0290.
    The FAA is issuing this AD to address wire chafing, which may lead
to wire failure (cut or shorted) and uncontrolled fire with potential
loss of multiple systems, and could possibly result in reduced control
of the airplane. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this

final rule as proposed, except for minor editorial changes. The FAA
have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related IBR Material under 1 CFR Part 51

    EASA AD 2019-0290 describes procedures for modifying the clamp
installation of the electrical routing on rib 4 of the left- and right-
hand side of the wing rear spars. This material is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 23 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................              $7             $347           $7,981
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-07-19 ATR--GIE Avions de Transport R[eacute]gional: Amendment
39-19898; Docket No. FAA-2019-1079; Product Identifier 2019-NM-194-
AD.

(a) Effective Date

    This AD is effective May 26, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ATR--GIE Avions de Transport R[eacute]gional
Model ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2019-0290, dated November 29, 2019
(``EASA AD 2019-0290'').

(d) Subject

    Air Transport Association (ATA) of America Code 92, Electrical
routing.

(e) Reason

    This AD was prompted by occurrences of smoke in the flight deck
and flap extension difficulties due to wire chafing on the
electrical harness under panel 295CL, on rib 4 of the left-hand side
of the wing rear spar. The FAA is issuing this AD to address wire
chafing, which may lead to wire failure (cut or shorted) and
uncontrolled fire with potential loss of multiple systems, and could
possibly result in reduced control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0290.

(h) Exceptions to EASA AD 2019-0290

    (1) Where EASA AD 2019-0290 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0290 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to<EMAIL_ADDRESS>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.
    (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
Section, Transport Standards Branch, FAA; or EASA; or ATR--GIE
Avions de Transport R[eacute]gional's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0290 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are

recommended. Those procedures and tests that are not identified as
RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Shahram Daneshmandi,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0290,
dated November 29, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0290, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>Internet www.easa.europa.eu
.You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-1079.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-08225 Filed 4-17-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Notices]
[Pages 2610-2611]
[FR Doc No: 2019-01376]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 206(4)-2, SEC File No. 270-217, OMB Control No. 3235-0241

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    Rule 206(4)-2 (17 CFR 275.206(4)-2) under the Investment Advisers
Act of 1940 (15 U.S.C. 80b-1 et seq.) governs the custody of funds or
securities of clients by Commission-registered investment advisers.
Rule 206(4)-2 requires each registered investment adviser that has
custody of client funds or securities to maintain those client funds or
securities with a broker-dealer, bank or other ``qualified custodian.''
\1\ The rule requires the adviser to promptly notify clients as to the
place and manner of custody, after opening an account for the client
and following any changes.\2\ If an adviser sends account statements to
its clients, it must insert a legend in the notice and in subsequent
account statements sent to those clients urging them to compare the
account statements from the custodian with those from the adviser.\3\
The adviser also must have a reasonable basis, after due inquiry, for
believing that the qualified custodian maintaining client funds and
securities sends account statements directly to the advisory clients,
and undergo an annual surprise examination by an independent public
accountant to verify client assets pursuant to a written agreement with
the accountant that specifies certain duties.\4\ Unless client assets
are maintained by an independent custodian (i.e., a custodian that is
not the adviser itself or a related person), the adviser also is
required to obtain or receive a report of the internal controls
relating to the custody of those assets

from an independent public accountant that is registered with and
subject to regular inspection by the Public Company Accounting
Oversight Board (``PCAOB'').\5\
---------------------------------------------------------------------------

    \1\ Rule 206(4)-2(a)(1).
    \2\ Rule 206(4)-2(a)(2).
    \3\ Rule 206(4)-2(a)(2).
    \4\ Rule 206(4)-2(a)(3), (4).
    \5\ Rule 206(4)-2(a)(6).
---------------------------------------------------------------------------

    The rule exempts advisers from the rule with respect to clients
that are registered investment companies. Advisers to limited
partnerships, limited liability companies and other pooled investment
vehicles are excepted from the account statement delivery and deemed to
comply with the annual surprise examination requirement if the limited
partnerships, limited liability companies or pooled investment vehicles
are subject to annual audit by an independent public accountant
registered with, and subject to regular inspection by the PCAOB, and
the audited financial statements are distributed to investors in the
pools.\6\ The rule also provides an exception to the surprise
examination requirement for advisers that have custody because they
have authority to deduct advisory fees from client accounts and
advisers that have custody solely because a related person holds the
adviser's client assets and the related person is operationally
independent of the adviser.\7\
---------------------------------------------------------------------------

    \6\ Rule 206(4)-2(b)(4).
    \7\ Rule 206(4)-2(b)(3), (b)(6).
---------------------------------------------------------------------------

    Advisory clients use this information to confirm proper handling of
their accounts. The Commission's staff uses the information obtained
through this collection in its enforcement, regulatory and examination
programs. Without the information collected under the rule, the
Commission would be less efficient and effective in its programs and
clients would not have information valuable for monitoring an adviser's
handling of their accounts.
    The respondents to this information collection are investment
advisers registered with the Commission and have custody of clients'
funds or securities. We estimate that 7,216 advisers would be subject
to the information collection burden under rule 206(4)-2. The number of
responses under rule 206(4)-2 will vary considerably depending on the
number of clients for which an adviser has custody of funds or
securities, and the number of investors in pooled investment vehicles
that the adviser manages. It is estimated that the average number of
responses annually for each respondent would be 6,830, and an average
time of 0.00500 hour per response. The annual aggregate burden for all
respondents to the requirements of rule 206(4)-2 is estimated to be
246,532 hours.
    The estimated average burden hours are made solely for purposes of
the Paperwork Reduction Act and are not derived from a comprehensive or
even representative survey or study of the cost of Commission rules and
forms.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Please direct your written comments to Charles Riddle, Acting Chief
Information Officer, Securities and Exchange Commission, c/o Candace
Kenner, 100 F Street NE, Washington, DC 20549; or send an email to:
<EMAIL_ADDRESS>
    Dated: February 1, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-01376 Filed 2-6-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11163-11165]
[FR Doc No: 2021-03587]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0097; Project Identifier MCAI-2020-01334-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This
proposed AD was prompted by reports of DC motor pump (DCMP) failures
during production flight tests. This proposed AD would require
installing a redesigned DCMP electric motor assembly. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 12,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 2A3, Canada; North America toll-free telephone 1-866-538-1247 or
direct-dial telephone 1-514-855-2999; email<EMAIL_ADDRESS>
internet http://www.bombardier.com. 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>.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0097; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems Services Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0097; Project Identifier
MCAI-2020-01334-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Steven Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2020-31, dated September
23, 2020 (TCCA AD CF-2020-31) (referred to after this as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for certain Bombardier, Inc., Model BD-100-1A10
airplanes. You may examine the MCAI in the AD docket on the internet at
https://www.regulations.gov

by searching for and locating Docket No. FAA-2021-0097.
    This proposed AD was prompted by reports of DCMP failures during
production flight tests. These failures caused the electrical system
generators to disconnect due to excessive induced voltage in the bus,
caused by the DCMP overheating at high altitudes. The FAA is proposing
this AD to address failures of the DCMP and electrical system
generators, which could lead to the loss of normal electrical power on
the airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 100-29-18, Revision 03,
dated December 18, 2014. This service information describes procedures
for installing the redesigned DCMP electric motor assembly, having part
number (P/N) 945202-3 (including a wiring modification and a structural
modification).
    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

    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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    The FAA estimates that this proposed AD affects 239 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
68 work-hours x $85 per hour = $5,780........................         $18,964          $24,744       $5,913,816
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 adding the following new airworthiness
directive:

Bombardier, Inc.: Docket No. FAA-2021-0097; Project Identifier MCAI-
2020-01334-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by April 12, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, serial numbers 20003
through 20406 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
power.

(e) Reason

    This AD was prompted by reports of DC motor pump (DCMP) failures
during production flight tests. These failures caused the electrical
system generators to disconnect due to excessive induced voltage in
the bus, caused by the DCMP overheating at high altitudes. The FAA
is issuing this AD to address failures of the DCMP and electrical
system generators, which could lead to the loss of normal electrical
power on the airplane.

(f) Compliance

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

(g) Required Actions

    Within 6 months after the effective date of this AD: Install the
redesigned DCMP electric motor assembly, having part number (P/N)
945202-3, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 100-29-18, Revision 03, dated December
18, 2014.

(h) Parts Installation Prohibition

    After accomplishing the installation required by paragraph (g)
of this AD, no

person may install a DCMP having P/N MB74F-9/-7 on any airplane.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 100-29-18, dated
July 2, 2013; Bombardier Service Bulletin 100-29-18, Revision 01,
dated January 21, 2014; or Bombardier Service Bulletin 100-29-18,
Revision 02, dated July 18, 2014.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (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, New York ACO
Branch, 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) TCCA AD CF-2020-31, dated September 23, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2021-0097.
    (2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>; fax: 516-794-
5531; email<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet http://www.bombardier.com. 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>.

    Issued on February 11, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-03587 Filed 2-23-21; 8:45 am]
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[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Notices]
[Page 35918]
[FR Doc No: 2019-15773]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86416; File No. SR-NASDAQ-2019-044]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Order
Approving a Proposed Rule Change To Allow an Odd Lot-Sized Order To Be
Eligible for the Midpoint Extended Life Order

July 19, 2019.

I. Introduction

    On May 20, 2019, The Nasdaq Stock Market LLC (``Exchange'' or
``Nasdaq'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to allow an odd lot-sized order to be eligible for
the Midpoint Extended Life Order (``MELO''). The proposed rule change
was published for comment in the Federal Register on June 4, 2019.\3\
The Commission received no comment letters on the proposed rule change.
This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85954 (May 29,
2019), 84 FR 25844 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes to allow an odd lot-sized order \4\ to be
eligible for MELO.\5\ MELO is an order type with a non-display order
attribute that is priced at the midpoint between the National Best Bid
and National Best Offer (``NBBO'') and that will not be eligible to
execute until a holding period of one-half second has passed after
acceptance of the order by the system. Once a MELO becomes eligible to
execute, the order may only execute against other eligible MELOs.
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    \4\ The terms ``normal unit of trading'' or ``round lot'' mean
the size generally employed by traders when trading a particular
security, which is 100 shares in most instances. The term ``odd
lot'' means a size of less than one normal unit of trading. See
Nasdaq Rule 4703(b).
    \5\ See Nasdaq Rule 4702(b)(14).
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    Currently, a MELO must be entered with a size of at least one round
lot and any shares of a MELO remaining after an execution that are less
than a round lot will be cancelled by the system.\6\ According to the
Exchange, the number of high-priced securities has increased over the
last several years and there is a notably large percentage of odd lot
trades in relatively high-priced securities.\7\ The Exchange proposes
to allow odd lot-sized MELOs in order to provide additional trading
opportunities for the order type, particularly in high-priced
securities.
---------------------------------------------------------------------------

    \6\ See Nasdaq Rule 4702(b)(14)(B).
    \7\ See Notice, supra note 3, at 25845-46. See also id. at
25845-47, for more specific data provided by the Exchange to support
its assertions.
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    The Exchange notes that any participants using MELOs that do not
wish to execute in odd lots may elect to use the minimum quantity order
attribute with their MELOs to avoid such transactions, as they may
currently do for other executions on the Nasdaq book.\8\ The Exchange
further notes that, because use of the minimum quantity order attribute
is limited to orders of at least one round lot upon entry,\9\ members
entering odd lot-sized MELOs would not be able to use this order
attribute to limit their interaction with other odd lot-sized MELOs
based on size.\10\ Moreover, the Exchange notes that most of the other
order types under Nasdaq Rule 4702 allow the entry of odd lot-sized
orders.\11\
---------------------------------------------------------------------------

    \8\ See id. at 25847.
    \9\ See Nasdaq Rule 4703(e).
    \10\ See Notice, supra note 3, at 25847.
    \11\ See id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\12\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\13\ which
requires, among other things, that the rules of a national securities
exchange be 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, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \12\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
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    In its original order approving MELO on the Exchange, the
Commission noted its belief that the MELO order type could create
additional and more efficient trading opportunities on the Exchange for
investors with longer investment time horizons, including institutional
investors, and could provide these investors with an ability to limit
the information leakage and the market impact that could result from
their orders.\14\ While MELO use on the Exchange is currently limited
to orders entered with a size of at least one round lot and any shares
of a MELO remaining after an execution that are less than a round lot
are cancelled by the system, the Commission believes the Exchange's
proposal to allow odd lot-sized orders to be eligible for MELO could
create additional opportunities for investors to utilize the order type
consistent with the intended purpose of the order type and could create
greater opportunities for interactions in MELOs, particularly in high-
priced securities. The Commission also believes that the ability to use
the minimum quantity order attribute would provide Nasdaq members
entering round lot-sized MELOs with additional control over the
execution of their MELOs, including allowing members to avoid trading
with odd lot-sized MELOs.\15\
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    \14\ See Securities Exchange Act Release No. 82825 (March 7,
2018), 83 FR 10937, 10938-39 (March 13, 2018) (order approving SR-
NASDAQ-2017-074).
    \15\ As noted above, members who choose to enter odd lot-sized
MELOs would be unable to use the minimum quantity order attribute
with such orders because the minimum quantity order attribute is
limited to orders with a size of at least one round lot upon entry.
See supra notes 9-10 and accompanying text.
---------------------------------------------------------------------------

    Based on the foregoing, the Commission finds that the proposed rule
change is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (SR-NASDAQ-2019-044) be, and
hereby is, approved.
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    \16\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-15773 Filed 7-24-19; 8:45 am]
 BILLING CODE 8011-01-P