[Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Notices]
[Page 63238-63240]
[DOCID:fr14oc10-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63040; File No. SR-NASDAQ-2010-128]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify the Requirements To Qualify for Credits as a Designated
Liquidity Provider Under Rule 7018(i)

October 5, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 1, 2010, The NASDAQ Stock Market LLC (``NASDAQ'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by NASDAQ. 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 the
Substance of the Proposed Rule Change

    NASDAQ proposes to modify the requirements to qualify for credits
as a designated liquidity provider under Rule 7018(i) and to make a
minor technical change. NASDAQ will implement the proposed change on
October 1, 2010. The text of the proposed rule change is below.
Proposed new language is italicized. Deleted language is [bracketed].
* * * * *

7018. Nasdaq Market Center Order Execution and Routing

    (a)-(h) No change.
    (i) Notwithstanding the foregoing, the following charges shall
apply to transactions in a Qualified Security by one of its Designated
Liquidity Providers:

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

------------------------------------------------------------------------
Charge to Designated Liquidity Provider     $0.003 per share executed
 entering Order that executes in the         for securities priced at $1
 Nasdaq Market Center or attempts to         or more per share (For
 execute in the Nasdaq Market Center prior   securities priced at less
 to routing:                                 than $1 per share, the
                                             normal execution fee under
                                             7018(a) will apply).
Credit to Designated Liquidity Provider     $0.004 per share executed
 providing displayed liquidity through the   (or $0, in the case of
 Nasdaq Market Center:                       executions against Quotes/
                                             Orders in the Nasdaq Market
                                             Center at less than $1.00
                                             per share), up to 10
                                             million shares average
                                             daily volume.
                                            Normal credits under 7018(a)
                                             apply to shares greater
                                             than 10 million average
                                             daily volume and non-
                                             displayed liquidity.
------------------------------------------------------------------------

    For purposes of this paragraph:
    (1) A security may be designated as a ``Qualified Security'' if:
    (A) it is an exchange-traded fund or index-linked security listed
on Nasdaq pursuant to Nasdaq Rules 5705, 5710, or 5720;
    (B) [there has been no time at which its average daily volume on
Nasdaq has exceeded 10,000,000 shares during two calendar months of any
three calendar-month period; and
    (C)] it has at least one Designated Liquidity Provider.
    [The security will cease to be a Qualified Security at the end of
the second calendar month that causes the condition described in
paragraph (B) not to be satisfied.]
    (2) A ``Designated Liquidity Provider'' or ``DLP'' is a registered
Nasdaq market maker for a Qualified Security that has committed to
maintain minimum performance standards. [Designated Liquidity
Providers]A DLP shall be selected by Nasdaq based on factors including,
but not limited to, experience with making markets in exchange-traded
funds and index-linked securities, adequacy of capital, willingness to
promote Nasdaq as a marketplace, issuer preference, operational
capacity, support personnel, and history of adherence to Nasdaq rules
and securities laws. Nasdaq may limit the number of Designated
Liquidity Providers in a security, or modify a previously established
limit, upon prior written notice to members.
    The minimum performance standards applicable to a DLP[Designated
Liquidity Provider] may be determined from time to time by Nasdaq and
may vary depending on the price, liquidity, and volatility of the
Qualified Security in which the DLP[Designated Liquidity Provider] is
registered. The performance measurements will include (A) percent of
time at the national best bid (best offer) (``NBBO''); (B) percent of
executions better than the NBBO; (C) average displayed size; and (D)
average quoted spread.
    (3) If a DLP does not meet the performance measurements for a given
month, fees and credits will revert to the normal schedule under
7018(a). If a DLP does not meet the stated performance measurements for
3 out of the past 4 months, the DLP is subject to forfeit of DLP status
for that instrument, at NASDAQ's discretion. A DLP must provide 30 days
written notice if it wishes to withdraw its registration in a Qualified
Security.
    (j) No change.
* * * * *

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

    In its filing with the Commission, NASDAQ 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. NASDAQ has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    NASDAQ is proposing to modify the criteria required of Designated
Liquidity Providers to qualify for credits in transactions involving a
Qualified Security.\3\ Currently, a Designated Liquidity Provider
(``DLP'') may receive a credit of $0.004 per share executed (or $0, in
the case of executions against Quotes/Orders in the Nasdaq Market
Center at less than $1.00 per share) if it provides liquidity in a
Qualified Security to the Nasdaq Market Center. A Qualified Security is
defined by three criteria in Rule 7018(i)(1): (A) It must be an
exchange-traded fund or index-linked security listed on Nasdaq pursuant
to Nasdaq Rules 5705, 5710, or 5720; (B) there has been no time at
which its average daily volume on Nasdaq has exceeded 10 million shares
during two calendar months of any three calendar-month period; and (C)
it has at least one Designated Liquidity Provider. A security will
cease to be classified as a Qualified Security at the end of the second
calendar month that causes the condition described in paragraph (B) not
to be satisfied. NASDAQ is eliminating requirement ``(B)'' of the
definition of Qualified Security together with related language under
the rule, and will now permit DLPs to qualify for the credit in a
Qualified Security with an average daily volume during the month of up
to 10 million. Any average daily volume for the month in the Qualified
Security in excess of 10 million would be assessed the standard rates
found under Rule 7018(a). As such, a DLP will be able to receive the
higher $0.004 credit on up to 10 million shares of average daily volume
per month in a Qualified Security, even if the DLP exceeds 10 million
in average daily volume in a given month.
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    \3\ The Designated Liquidity Provider pricing incentive program
was implemented in August 2007. See Securities Exchange Act Release
No. 56130 (July 25, 2007), 72 FR 42163 (August 1, 2007) (SR-NASDAQ-
2007-061).
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    NASDAQ is also limiting the availability of the credit to only DLPs
providing displayed liquidity through the Nasdaq Market Center. A
primary purpose of the credit program in Qualified Securities is to
promote an active and liquid trading market in ETFs and ILSs. As
currently written, however, Rule 7018(i) provides a credit for any type
of liquidity provided by a DLP, even if the liquidity is not-displayed
and thus not promoting price discovery through active public display.
NASDAQ believes that the program should only award DLPs that make
markets in a Qualified Security by providing displayed liquidity.
    NASDAQ is adding new rule text describing the consequences of
failing to meet the DLP minimum performance criteria described in Rule
7018(i)(2). The minimum performance standards applicable to a DLP are
determined by NASDAQ and may vary depending on the price, liquidity,
and volatility of a particular Qualified Security. These performance
measurements include: (A) Percent of time at the NBBO; (B) percent of
executions better than the NBBO; (C) average displayed size; and (D)
average quoted spread. NASDAQ may remove DLPs that do not meet
performance standards, or that decide to change their status, at any
time. NASDAQ is providing clarifying information regarding the
consequences of failing to meet the minimum performance standards.
Specifically, if a DLP fails to meet minimum performance standards in a
given month, fees will revert to the standard schedule of fees and
credits under Rule 7018(a). If a DLP fails to meet minimum performance
standards for three out of the past four months, it will lose DLP
status for that instrument. NASDAQ is imposing a thirty-day prior
notice obligation on DLPs seeking to withdraw registration in a
Qualified Security. This thirty-day notice requirement will ensure that
NASDAQ has adequate time to assign a new DLP, thus avoiding any
disruption in market quality that may be caused by the absence of an
assigned DLP.
    Last, NASDAQ is making a non-substantive technical change to the
rule by providing the acronym ``DLP'' as an alternative to ``Designated
Liquidity Provider'' for use in the rule text.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\4\ in general, and Section
6(b)(4) of the Act,\5\ in particular, because it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system that
NASDAQ operates or controls, and it does not unfairly discriminate
between customers, issuers, brokers or dealers. NASDAQ believes that by
allocating pricing benefits to market makers that make tangible
commitments to enhancing market quality for ETFs and ILSs listed on
NASDAQ, the proposal will encourage the development of new financial
products, provide a better trading environment for investors in ETFs
and ILSs, and encourage greater competition between listing venues for
ETFs and ILSs. The changes proposed herein are designed to further
promote liquid markets in ETFs and ILSs, and to ensure that DLPs are
provided adequate incentives to continue to meet minimum standards to
participate in the credit program.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ believes that the proposed rule change will encourage
greater competition among venues that list ETFs and ILSs, and will
further strengthen the quality of the NASDAQ market as a venue for
transactions in ETFs and ILSs. Accordingly, NASDAQ does not believe
that the proposed rule change will result in any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\6\ 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.
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    \6\ 15 U.S.C. 78s(b)(3)(a)(ii).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-128 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2010-128. This
file number should be included on the subject line if e-mail is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for website
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2010-128, and should be submitted on or before
November 4, 2010.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-25741 Filed 10-13-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
[Rules and Regulations]
[Pages 61523-61526]
[FR Doc No: 2019-24507]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0439; Product Identifier 2019-NM-037-AD; Amendment
39-19779; AD 2019-21-13]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2012-22-
18, which applied to all Airbus SAS Model A330-243, -243F, -341, -342,
and -343 airplanes. AD 2012-22-18 required repetitive inspections of
the three inner acoustic panels of both engine air inlet (intake) cowls
to detect disbonding, and corrective actions, if necessary. This AD
continues to require all actions required by AD 2012-22-18, with a
reduced initial compliance time and reduced repetitive inspection
intervals. These actions are specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. This AD
was prompted by additional reports of engine air inlet cowl collapse.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective December 18, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 18,
2019.

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 referenced service
information 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>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0439.

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-
0439; 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: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0042, dated February 27, 2019
(``EASA AD 2019-0042'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A330-243, -243F, -341, -342, and -
343 airplanes, certificated in any category.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2012-22-18, Amendment 39-17256 (77 FR
70366, November 26, 2012) (``AD 2012-22-18''). AD 2012-22-18 applied to
all Airbus SAS Model A330-243, -243F, -341, -342, and -343 airplanes.
The NPRM published in the Federal Register on June 19, 2019 (84 FR
28431). The NPRM was prompted by additional reports of engine air inlet
cowl collapse since AD 2012-22-18 was issued. The NPRM proposed to
continue to require repetitive inspections of the three inner acoustic
panels of both engine air inlet cowls to detect disbonding, and
corrective actions if necessary, with a reduced initial compliance time
and reduced repetitive inspection intervals. The NPRM also proposed an
optional modification that would be terminating action for the
repetitive inspections. The FAA is issuing this AD to address
disbonding, which could result in detachment of the engine air inlet
cowl from the engine, leading to ingestion of parts, which could cause
failure of the engine, and possible injury to persons on the ground.
See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing

this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Support for the NPRM

    Patrick Imperatrice indicated his support for the NPRM.

Request To Allow Alternative Tooling

    American Airlines (AAL) requested that operators be allowed to use
aerospace industry standard tap check tools for the inspection of the
engine air inlet cowl acoustic panels instead of the tap check tools
specified in Bombardier Service Bulletin RB211-NAC-71-018, Revision 3,
dated December 5, 2018 (``Bombardier Service Bulletin RB211-NAC-71-018,
Revision 3''). The commenter stated that the tooling paragraph in
Bombardier Service Bulletin RB211-NAC-71-018, Revision 3, unnecessarily
restricts operators' choices of tap tools with respect to industry
standard practices, and places an undue burden on operators with
regards to maintaining compliance procedures. The commenter noted that
the previous revision level of Bombardier Service Bulletin RB211-NAC-
71-018 provided a more general description of the tap tool and did not
prohibit the use of an aluminum tap tool. The commenter noted that it
has successfully detected disbonding using a variety of standard
industry tap tools made of corrosion resistant steel (CRES), mild
steel, brass, and aluminum on similar nacelle component thin-skinned
carbon fiber/honeycomb sandwich panels, with and without wire mesh on
them, without any negative effects, such as galvanic corrosion. The
commenter stated that it considers tools similar to or as described in
aviation industry manuals, made from any of the typical listed
materials, to have an equivalent level of safety and performance as the
tool specified in Bombardier Service Bulletin RB211-NAC-71-018,
Revision 3. The commenter also advised that, although not a concern
from its experience, any aluminum tool would be contacting the
stainless steel wire mesh on the carbon fiber panel surface except for
localized areas of missing wire mesh.
    The FAA acknowledges the commenter's observation that Bombardier
Service Bulletin RB211-NAC-71-018, Revision 3, specifies that the tap
tool can be purchased or manufactured, should be made of mild steel or
brass rod, and that the use of an aluminum tap tool is prohibited.
    However, the FAA does not agree with the commenter's request to
revise this AD to allow operators to use any aviation industry standard
tap check tool, including those made of aluminum, for the inspection of
the engine air inlet cowl acoustic panels. The FAA received additional
information from Bombardier stating that Bombardier performed numerous
tests on acoustic panels using tap tools manufactured from various
materials. Bombardier concluded that a better tonal response was
received for both disbond and non-disbond areas when a heavier tap tool
made from steel or brass material was used, which resulted in more
reliable detection of panel disbond.
    This AD refers to EASA AD 2019-0042 for a description of the
procedures for repetitive inspections of the engine air inlet cowls
having a certain part number, repair or replacement of any engine air
inlet cowl that has disbond, and an optional modification that
terminated the need for the repetitive inspections. In turn, EASA AD
2019-0042 refers to Airbus Service Bulletin A330-71-3024, Revision 04,
dated December 17, 2018 (``Airbus Service Bulletin A330-71-3024,
Revision 04''), for information regarding the inspection procedures for
the engine air inlet cowl. Paragraphs 3.C. and 3.D. of the
Accomplishment Instructions of Airbus Service Bulletin A330-71-3024,
Revision 04, are considered ``required for compliance'' (RC) and must
be done to comply with the requirements of this AD.
    Paragraph 3.C. of Airbus Service Bulletin A330-71-3024, Revision
04, states that the tap test must be done using the procedures in
Rolls-Royce Service Bulletin No. RB.211-71-AG419, Revision 3, dated
December 7, 2018 (``Rolls-Royce Service Bulletin No. RB.211-71-AG419,
Revision 3''). Rolls-Royce Service Bulletin No. RB.211-71-AG419,
Revision 3, refers to Bombardier Service Bulletin RB211-NAC-71-018,
Revision 3, for the inspection procedures.
    Operators may request to use tap tools other than those identified
in Bombardier Service Bulletin RB211-NAC-71-018, Revision 3, by
utilizing the alternative methods of compliance (AMOCs) provision
provided in paragraph (j)(1) of this AD and submitting sufficient data
to substantiate that the alternative tools would provide an acceptable
level of safety. The FAA has not revised this AD in regard to this
issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has 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.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0042 describes procedures for repetitive inspections
of engine air inlet cowls having certain part numbers, repair or
replacement of any engine air inlet cowl that has disbonding, and an
optional modification that terminates the need for the repetitive
inspections. 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 47 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                           Cost per
              Action                    Labor cost        Parts cost        product      Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2012-22-  Up to 20 work-hours              $0          $1,700  Up to $79,900.
 18.                                x $85 per hour =
                                    Up to $1,700.
----------------------------------------------------------------------------------------------------------------

                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
           Labor cost              Parts cost       Cost per  product
------------------------------------------------------------------------
Up to 154 work hours x $85 per              (*)  Up to $13,090.*
 hour = Up to $13,090.
------------------------------------------------------------------------
* The FAA has received no definitive data on the parts costs for the
  optional actions.

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost              Parts cost       Cost per  product
------------------------------------------------------------------------
Up to 34 work-hours x $85 per               (*)  Up to $2,890.*
 hour = Up to $2,890.
------------------------------------------------------------------------
* The FAA has received no definitive data on the parts costs for the on-
  condition actions.

    The new requirements of this AD add no additional economic burden.
However, the optional modification, if done, would result in additional
costs as specified in the ``Estimate costs for optional actions''
table.

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.
    This 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 and
associated appliances to the Director of the System Oversight Division.

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 removing Airworthiness Directive (AD)
2012-22-18, Amendment 39-17256 (77 FR 70366, November 26, 2012), and
adding the following new AD:

2019-21-13 Airbus SAS: Amendment 39-19779; Docket No. FAA-2019-0439;
Product Identifier 2019-NM-037-AD.

(a) Effective Date

    This AD is effective December 18, 2019.

(b) Affected ADs

    This AD replaces 2012-22-18, Amendment 39-17256 (77 FR 70366,
November 26, 2012) (``AD 2012-22-18'').

(c) Applicability

    This AD applies to all Airbus SAS Model A330-243, -243F, -341, -
342, and -343 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by reports of extensive damage to engine
air inlet (intake) cowls as a result of acoustic panel collapse and
by additional reports of engine air inlet cowl collapse since AD
2012-22-18 was issued. The FAA is issuing this AD to address
disbonding, which could result in detachment of the engine air inlet
cowl from the engine, leading to ingestion of parts, which could
cause failure of the engine, and possible injury to persons on the
ground.

(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, European Union Aviation Safety Agency (EASA) AD
2019-0042, dated February 27, 2019 (``EASA AD 2019-0042'').

(h) Exceptions to EASA AD 2019-0042

    (1) Where EASA AD 2019-0042 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0042 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0042
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) 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 (k) 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 Airbus SAS'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 2019-0042 that contains RC procedures and
tests: Except as required by paragraph (j)(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.

(k) Related Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(l) 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
December 18, 2019.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0042,
dated February 27, 2019.
    (ii) [Reserved]
    (4) For information about EASA AD 2019-0042, 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.
    (5) 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-
2019-0439.
    (6) 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-24507 Filed 11-12-19; 8:45 am]
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[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Page 44649]
[FR Doc No: 2012-18486]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4068-DR; Docket ID FEMA-2012-0002]

Florida; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Florida (FEMA-4068-DR), dated July 3, 2012, and
related determinations.

DATES: Effective Date: July 9, 2012.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Florida is hereby amended to include the Public
Assistance program for the following areas among those areas determined
to have been adversely affected by the event declared a major disaster
by the President in his declaration of July 3, 2012.

    Baker, Clay, Columbia, Hernando, Pasco, Suwannee, and Wakulla
Counties for Public Assistance (already designated for Individual
Assistance).
    Charlotte, Citrus, Dixie, Gulf, Franklin, Jefferson, Hamilton,
Lafayette, Liberty, Manatee, and Sarasota Counties for Public
Assistance.
    Nassau and Union Counties for Individual Assistance and Public
Assistance.
    Duval County for Individual Assistance.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-18486 Filed 7-27-12; 8:45 am]
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