[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14256-14258]
[FR Doc No: 2017-05343]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80228; File No. SR-BX-2017-016]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the Data
Reporting Requirements of Rule 4770

March 13, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 28, 2017, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 4770 to modify the date of
Appendix B Web site data publication pursuant to the Regulation NMS
Plan to Implement a Tick Size Pilot Program (``Plan'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the

places specified in Item IV below. The Exchange has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

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

1. Purpose
    Rule 4770(b) (Compliance with Data Collection Requirements) \3\
implements the data collection and Web site publication requirements of
the Plan.\4\ Commentary .08 to Rule 4770 provides, among other things,
that the requirement that the Exchange make certain data publicly
available on the Exchange Web site pursuant to Appendix B and C to the
Plan shall commence at the beginning of the Pilot Period,\5\ and that
BX shall make data for the Pre-Pilot Period publicly available on the
Exchange Web site pursuant to Appendix B and C to the Plan by February
28, 2017.\6\
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    \3\ See Rule 4770(b). See also Securities Exchange Act Release
No. 77457 (March 28, 2016), 81 FR 18913 (April 1, 2016) (SR-BX-2016-
019).
    \4\ The Participants filed the Plan to comply with an order
issued by the Commission on June 24, 2014. See Letter from Brendon
J. Weiss, Vice President, Intercontinental Exchange, Inc., to
Secretary, Commission, dated August 25, 2014 (``SRO Tick Size Plan
Proposal''). See Securities Exchange Act Release No 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014); see also Securities Exchange Act
Release No. 74892 (May 6, 2015), 80 FR 27513 (May 13, 2015).
    \5\ Unless otherwise defined herein, capitalized terms have the
meaning ascribed to them in Rule 4770.
    \6\ On November 30, 2016, the SEC granted exemptive relief to
the Participants to, among other things, delay the publication of
Web site data pursuant to Appendices B and C to the Plan until
February 28, 2017, and to delay the ongoing Web site publication by
ninety days such that data would be published within 120 calendar
days following the end of the month. See Letter from David S.
Shillman, Associate Director, Division of Trading and Markets,
Commission, to Marcia E. Asquith, Senior Vice President and
Corporate Secretary, FINRA, dated November 30, 2016; see also
Securities Exchange Act Release No. 79549 (December 14, 2016), 81 FR
92886 (December 20, 2016) (SR-BX-2017-067).
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    BX is proposing amendments to Commentary .08 to Rule 4770 to delay
the date by which Pre-Pilot and Pilot Appendix B data is to be made
publicly available on the Exchange's Web site from February 28, 2017,
until April 28, 2017. Appendix C data for the Pre-Pilot Period through
the month of January 2017 will be published on the Exchange Web site on
February 28, 2017, and, thereafter, on the original 30-day schedule.\7\
As some of the data reporting requirements set forth in Rule 4770
require members to report data to their Designated Examining Authority
(``DEA''), which may not be BX, the Exchange is also proposing to add
references in Commentary .08 to reflect the fact that the Exchange or
the DEA may be publishing such data.
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    \7\ Since, under Rule 4770(b)(4), BX is not independently
publishing Market Maker profitability data collected pursuant to
Item I of Appendix C of the Plan, no corresponding change to the
language of Rule 4770(b)(4) relating to the timing of the
publication of Appendix C data for the Pilot Period is needed.
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    In the SRO Tick Size Plan Proposal, the Participants stated that
the public data will be made available for free ``on a disaggregated
basis by trading center'' on the Web sites of the Participants and the
Designated Examining Authorities.\8\ However, market participants have
expressed confidentiality concerns regarding this approach for over-
the-counter (``OTC'') data.\9\ Thus, BX is filing the instant proposed
rule change to provide additional time to assess a means of addressing
the confidentiality concerns raised in connection with the publication
of Appendix B data related to OTC activity in furtherance of the
objectives of the Plan.\10\ Pursuant to this amendment, Appendix B data
publication will be delayed until April 28, 2017. The Participants
anticipate filing additional proposed rule changes to address Appendix
B data publication.
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    \8\ See Securities Exchange Act Release No. 73511 (November 3,
2014), 79 FR 66423 (November 7, 2014) (Notice of Filing of Proposed
National Market System Plan to Implement a Tick Size Pilot Program
on a One-Year Pilot Basis, File No. 4-657) (``Tick Size Plan
Proposal'').
    \9\ See letters from Adam C. Cooper, Senior Managing Director
and Chief Legal Officer, Citadel Securities, to Brent J. Fields,
Secretary, Commission, dated December 21, 2016 (``Citadel letter'');
and William Hebert, Managing Director, Financial Information Forum,
to Robert W. Errett, Deputy Secretary, Commission, dated December
21, 2016 (``FIF letter'').
    \10\ In connection with its filing to implement a similar change
in its rules, the Financial Industry Regulatory Authority, Inc. is
also is submitting an exemptive request to the SEC on behalf of all
Plan Participants requesting relief from the relevant requirements
of the Plan.
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    BX has filed the proposed rule change for immediate effectiveness.
The operative date of the proposed rule change will be the date of
filing.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\11\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\12\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, promote just
and equitable principles of trade, 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. BX also
believes that the proposal is consistent with Section 6(b)(8) of the
Act,\13\ which requires that Exchange rules not impose any burden on
competition that is not necessary or appropriate.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(b)(8).
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    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stock of small-
capitalization companies. BX believes that this proposal is consistent
with the Act because it is in furtherance of the objectives of Section
VII(A) of the Plan in that it is designed to provide BX with additional
time to assess a means of addressing the confidentiality concerns
raised in connection with the publication of Appendix B data, to comply
with the Plan's requirements that the data made publicly available will
not identify the trading center that generated the data.

B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were either solicited or received.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The

Exchange has filed the proposed rule change for immediate effectiveness
and has requested that the Commission waive the requirement that the
proposed rule change not become operative for 30 days after the date of
the filing so that it may become operative on February 28, 2017.
    The Exchange notes that the proposed rule change is intended to
address confidentiality concerns raised in connection with the
publication of OTC Appendix B data by permitting the Exchange to delay
Web site publication of its Appendix B data from February 28, 2017 to
April 28, 2017.\16\ The Exchange notes that the delay would provide
additional time to assess a means of addressing the confidentiality
concerns. The Exchange notes that it expects Participants to file
proposed rule changes related to publishing Appendix B data.
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    \16\ See supra note 9. The Commission notes that FINRA has
submitted a proposed rule change to delay the publication of OTC
Appendix B data. See SR-FINRA-2017-005.
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to delay publication of its Appendix
B data until April 28, 2017. As noted above, commenters continue to
raise concerns about the publication of OTC Appendix B data.\17\
Delaying publication of Exchange's Appendix B data \18\ will prevent
the publication of partial (i.e., Exchange-only) Appendix B data
required under the Plan. Therefore, the Commission hereby waives the
30-day operative delay and designates the proposed rule change to be
operative on February 28, 2017.\19\
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    \17\ The Commission notes that FINRA has filed a proposed rule
change that is intended to mitigate confidentiality concerns raised
by commenters regarding the publication of OTC Appendix B data. See
SR-FINRA-2017-006.
    \18\ The Commission notes that other Participants have proposed
to delay the publication of their Appendix B data until April 28,
2017. See SR-BatsBYX-2017-05; SR-BatsBZX-2017-15; SR-BatsEDGA-2017-
05; SR-BatsEDGX-2017-13; SR-CHX-2017-05; SR-FINRA-2017-005; SR-IEX-
2017-07; SR-NASDAQ-2017-024; SR-Phlx-2017-22; SR-NYSE-2017-10; SR-
NYSEArca-2017-19; SR-NYSEMKT-2017-11.
    \19\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2017-016 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2017-016. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2017-016, and should be
submitted on or before April 7, 2017.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05343 Filed 3-16-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Proposed Rules]
[Pages 5960-5963]
[FR Doc No: 2018-02754]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0077; Product Identifier 2017-NM-126-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A319 and A320 series airplanes; and A321-111, -
112, -131, -211, -212, -213, -231, and -232 airplanes. This proposed AD
was prompted by reports of battery retaining rod failures due to
quality defects of the material used during parts manufacturing. This
proposed AD would require a detailed inspection of the battery
retaining rods to identify the rod manufacturer, replacement of the
battery retaining rods with serviceable rods if necessary, and the
addition of the applicable service information label on each rod if
necessary. We are proposing this AD to address the unsafe condition on
these products.

DATES: We must receive comments on this proposed AD by March 29, 2018.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0077; 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 NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax
425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0077;
Product Identifier 2017-NM-126-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider

all comments received by the closing date and may amend this NPRM based
on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2017-0161R1, dated September 19, 2017;
corrected September 20, 2017 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Airbus Model A319 and A320 series
airplanes; and A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes. The MCAI states:

    Several occurrences have been reported of battery rod failures
on certain Airbus aeroplanes. Subsequent examination of broken rod
parts determined that these failures were due to quality defects of
the material used during parts manufacturing. Each battery is
secured on an aeroplane by two rods. Failure of one rod, in case of
severe turbulence during flight or hard landing, could lead to
battery displacement, or roll on the remaining rod side, up to a
point where the remaining rod could be disengaged. The battery could
ultimately detach from its housing and damage relays, connectors,
contactor boxes, air ducts and surrounding structure.
    This condition, if not detected and corrected, could lead to the
loss of the normal electrical generation not followed by an
automatic recovery of essential network.
    To address this potential unsafe condition, Airbus issued Alert
Operators Transmission (AOT) A92N001-16 (later revised) and EASA
issued AD 2016-0204 [which corresponds to FAA AD 2016-25-24 (81 FR
90958, December 16, 2016)] requiring repetitive general visual
inspections (GVI) of the four battery rods (two per battery), and,
in case of findings, replacement of battery rods.
    Since that [EASA] AD was issued, the manufacturer of the broken
battery retaining rods has been identified, which allows proper
identification of the affected parts and their withdrawal from
service. Consequently, Airbus issued [service bulletin] SB A320-92-
1116 and SB A320-92-1118 to provide the necessary instructions to
the affected operators. No rods delivered as spare parts are
affected by the manufacturing issue.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2016-0204, which is superseded, and requires
replacement of battery retaining rods depending on manufacturer
identification. This [EASA] AD also provides a terminating action
for the repetitive inspections.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0077.
    Although the MCAI has superseded EASA AD 2016-0204, this NPRM would
not supersede AD 2016-25-24. Rather, we have determined that a stand-
alone AD would be more appropriate to address the changes in the MCAI.
This NPRM would require a detailed inspection of the battery retaining
rods to identify the rod manufacturer, replacement of the battery
retaining rods with serviceable rods if necessary, and the addition of
the applicable service information label on each rod if necessary.
Accomplishment of the proposed actions would then terminate all
requirements of AD 2016-25-24.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-92-1116, Revision 00, dated
January 31, 2017; and Service Bulletin A320-92-1118, Revision 00, dated
January 31, 2017. This service information describes a detailed
inspection of the battery retaining rods to identify the rod
manufacturer, replacement of the battery retaining rods with
serviceable rods if necessary, and adding the applicable service
information label on each rod if necessary. These documents are
distinct since they apply to different airplane models. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD affects 330 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  1 work-hour x $85 per                 $0             $85         $28,050
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                          Labor cost           Parts cost        product
--------------------------------------------------------------------------------------------------
Replacement............................  1 work-hour x $85 per                  $0             $85
                                          hour = $85.
----------------------------------------------------------------------------------------------------------------

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Airbus: Docket No. FAA-2018-0077; Product Identifier 2017-NM-126-AD.

(a) Comments Due Date

    We must receive comments by March 29, 2018.

(b) Affected ADs

    This AD affects AD 2016-25-24, Amendment 39-18750 (81 FR 90958,
December 16, 2016) (``AD 2016-25-24'').

(c) Applicability

    This AD applies to Airbus Model A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes; A320-211, -212, -214, -216, -
231, -232, -233, -251N, and -271N airplanes; and A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes, certificated in any
category, as identified in Airbus Service Bulletin A320-92-1116,
Revision 00, dated January 31, 2017; or Airbus Service Bulletin
A320-92-1118, Revision 00, dated January 31, 2017.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of battery rod failures due to
quality defects of the material used during parts manufacturing. We
are issuing this AD to detect and correct broken battery retaining
rods, which, in the event of a hard landing or severe turbulence,
could cause the battery to detach from its housing, resulting in
damage to other electrical equipment and surrounding structure. This
condition could lead to loss of normal electrical power generation
and subsequent inability to restore electrical power to essential
airplane systems.

(f) Compliance

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

(g) Definition of a Serviceable Rod

    For the purpose of this AD, a serviceable battery retaining rod
is defined in paragraphs (g)(1) or (g)(2) of this AD.
    (1) A battery retaining rod provided as a spare part by Airbus.
    (2) A battery retaining rod previously fitted on a battery
support assembly installed on an airplane manufacturer serial number
that is not specified in Airbus Service Bulletin A320-92-1116,
Revision 00, dated January 31, 2017 (for Airbus Model A319 and A320
series airplanes; and A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes); or Airbus Service Bulletin A320-92-1118,
Revision 00, dated January 31, 2017 (for Airbus Model A320-251N and
-271N airplanes).

(h) Identification of Affected Parts

    Within 24 months after the effective date of this AD: Accomplish
a detailed inspection of the battery retaining rods to identify the
rod manufacturer, in accordance with the Accomplishment Instructions
of the Airbus Service Bulletin A320-92-1116, Revision 00, dated
January 31, 2017 (for Airbus Model A319 and A320 series airplanes;
and A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes); or Airbus Service Bulletin A320-92-1118, Revision 00,
dated January 31, 2017 (for Airbus Model A320-251N and -271N
airplanes).

(i) Replacement of Affected Parts if Marking Is Found on Battery
Support Assembly

    If, during the inspection specified in paragraph (h) of this AD,
the quality stamp on the battery support assembly is found marked
with an ``SA'' manufacturer identification, before further flight,
replace the battery retaining rods with serviceable rods, in
accordance with the Accomplishment Instructions of the Airbus
Service Bulletin A320-92-1116, Revision 00, dated January 31, 2017
(for Airbus Model A319 and A320 series airplanes; and A321-111, -
112, -131, -211, -212, -213, -231, and -232 airplanes); or Airbus
Service Bulletin A320-92-1118, Revision 00, dated January 31, 2017
(for Airbus Model A320-251N and -271N airplanes).

(j) Actions if No Marking Is Found on Battery Support Assembly

    If, during the inspection specified in paragraph (h) of this AD,
no marking is found on the quality stamp of the battery support
assembly, add the applicable service information label on each
battery retaining rod (replacement of the battery retaining rods is
not required), in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-92-1116, Revision 00, dated January 31,
2017 (for Airbus Model A319 and A320 series airplanes; and A321-111,
-112, -131, -211, -212, -213, -231, and -232 airplanes); or Airbus
Service Bulletin A320-92-1118, Revision 00, dated January 31, 2017
(for Airbus Model A320-251N and -271N airplanes).

(k) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on
any airplane, a non-serviceable battery retaining rod.

(l) Terminating Action

    Replacement of all battery retaining rods marked ``SA'' with a
serviceable rod as required by paragraph (i) of this AD, or
application of service information label on each rod, as required by
paragraph (j) of this AD, as applicable, constitutes terminating
action for all requirements of AD 2016-25-24 for that airplane.

(m) 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 (n)(2) of this AD. Information
may be emailed to: [email protected]. 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 corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
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.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2017-0161R1, dated September 19,
2017; corrected September 20, 2017; 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-
2018-0077.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW, Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (3) 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 protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on February 2, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-02754 Filed 2-9-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Rules and Regulations]
[Pages 23611-23613]
[FR Doc No: 2021-09386]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0286]
RIN 1625-AA00

Safety Zone; Ohio River, Lawrenceburg, IN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Ohio River, extending the entire width of
the river, from mile marker (MM) 490 to MM 492. This safety zone is
necessary to provide for the safety of life on these navigable waters
near Lawrenceburg, IN during the Tanners Creek Wire Crossing. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Ohio Valley.

DATES: This rule is effective from May 3, 2021, through May 8, 2021,
from 9 a.m. through 5 p.m. daily, or until operations are complete,
whichever occur first.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0286 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Matthew Roberts, Marine Safety Detachment
Cincinnati, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are

``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule because it is impracticable. We must establish this
regulation by May 3, 2021 and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is necessary to protect persons and property from the dangers
associated with the marine event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the Tanners Creek Wire Crossing,
occurring from May 3, 2021 through May 8, 2021 from 9 a.m. until 5 p.m.
daily, or until operations are complete, will be a safety concern for
all navigable waters on the Ohio River, extending the entire width of
the river, from mile marker (MM) 490.0 to MM 492.0. The purpose of this
rule is to ensure the safety of life and vessels on these navigable
waters before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone on May 3, 2021 through May 8,
2021 from 9 a.m. until 5 p.m. daily, or until operations are complete
on all navigable waters of the Ohio River, extending the entire width
of the river, from MM 490 to MM 492. Transit into and through this area
is prohibited during periods of enforcement on these dates and times.
The periods of enforcement will be prior to, during, and 30 minutes
after any vessel movement and wire transfer operations at Tanners
Creek. The Coast Guard was informed that the operations will take place
between 9 a.m. through 5 p.m. Enforcement of the regulated area will
occur while the wire crossing operations are being conducted. A safety
vessel will coordinate all vessel traffic during the enforced times of
this safety zone. The duration of the safety zone is intended to ensure
the safety of life and vessels on these navigable waters before,
during, and after the scheduled event. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. A designated representative is
a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of Sector Ohio Valley.
They may be contacted on VHF-FM Channel 16 or by telephone at 1-800-
253-7465. Persons and vessels permitted to enter this regulated area
must transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. This safety
zone will be in place on a 2-mile stretch of the Ohio River from May 3,
2021 though May 8, 2021 from 9 a.m. until 5 p.m. daily, or until
operations are complete. The Coast Guard will issue written Local
Notice to Mariners and Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the temporary safety zone, and this rule also allows
vessels to seek permission from the COTP or a designated representative
to enter the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section V.
A. above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishment of a safety zone lasting eight hours for six days and
extending for two miles that prohibits entry on all navigable waters of
the Ohio River from MM 490.0 to MM 492.0. It is categorically excluded
from further review under paragraph L60 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
Recordkeeping Requirements, Security Measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0286 to read as follows:

Sec.  165.T08-0286  Safety zone; Ohio River, Lawernceburg, IN.

    (a) Location. All navigable waters of the Ohio River between mile
marker (MM) 490.0 to MM 492.0 in Lawrenceburg, IN.
    (b) Period of enforcement. This section will be enforced from May
3, 2021 through May 8, 2021, from 9 a.m. until 5 p.m. daily, or until
operations are complete, whichever occurs first
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Ohio Valley
(COTP) or a designated representative. Persons or vessels desiring to
enter into or pass through the zone must request permission from the
COTP or a designated representative. They may be contacted on VHF-FM
radio channel 16 or phone at 1-800-253-7465
    (2) Persons and vessels permitted to enter this safety zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of Sector
Ohio Valley. They may be contacted on VHF-FM Channel 16 or by telephone
at 1-800-253-7465. Persons and vessels permitted to enter this
regulated area must transit at their slowest safe speed and comply with
all lawful directions issued by the COTP or the designated
representative.
    (d) Informational broadcasts. The COTP or a designated
representative will issue written Local Notice to Mariners and
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
temporary safety zone, and this rule also allows vessels to seek
permission from the COTP or a designated representative to enter the
area.

    Dated: April 29, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-09386 Filed 5-3-21; 8:45 am]
BILLING CODE 9110-04-P