[Federal Register: November 27, 2009 (Volume 74, Number 227)]
[Notices]
[Page 62367-62368]
[DOCID:fr27no09-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61035; File No. SR-NYSEArca-2009-105]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the $1.00
Strike Program To Allow Low-Strike LEAPS

November 19, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 18, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Commentary .04 to Rule 6.4 Series of
Options Open for Trading to permit the expansion of the $1.00 Strike
Program. The text of the proposed rule change is attached as Exhibit 5
to the 19b-4 form. A copy of this filing is available on the Exchange's
Web site at http://www.nyse.com, at the Exchange's principal office 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 self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The proposed rule change is based on a filing submitted by Chicago
Board Options Exchange Incorporated (``CBOE'') that was recently
approved by the Commission.\4\
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    \4\ See Exchange Act Release No. 60978 (November 10, 2009), 74
FR 59296 (November 17, 2009) (approving SR-CBOE-2009-68).
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    The purpose of the proposed rule change is to expand the $1.00
Strike Program (``Program'') in a limited fashion to allow NYSE Arca to
list new series in $1.00 intervals up to $5.00 in long-term option
series (``LEAPS'') in up to 200 option classes on individual stocks.
Currently, under the Program, NYSE Arca may not list LEAPS at $1.00
strike price intervals for any class selected for the Program. NYSE
Arca also is restricted from listing any series that would result in
strike prices being $0.50 apart, unless the series are part of the
$0.50 Strike Program.\5\
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    \5\ See Exchange Act Release No. 60721 (September 25, 2009) 74
FR 50858 (October 1, 2009).
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    NYSE Arca believes that this proposal is appropriate and will allow
investors to establish option positions that are better tailored to
meet their investment objectives, vis-[agrave]-vis credit risk, using
deep out-of-the-money put options. Deep out-of-the-money put options
are viewed as a viable, liquid alternative to OTC-traded credit default
swaps (``CDS''). These options do not possess the negative
characteristics associated with CDS, namely, lack of transparency,
insufficient collateral requirements, and inefficient trade processing.
Moreover, deep out-of-the-money put options and CDS are functionally
similar, as there is a high correlation between low-strike put prices
and CDS spreads.\6\
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    \6\ More information on this trading strategy may be found at
the website of the CBOE at http://www.cboe.com/institutional/
DOOM.aspx.
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    NYSE Arca notes that its proposal is limited in scope, as $1.00
strikes in LEAPS may only be listed up to $5.00 and in only 200 option
classes. As is currently the case, NYSE Arca would not list series with
$1.00 intervals within $0.50 of an existing $2.50 strike price in the
same series. As a result, NYSE Arca does not believe this proposal will
cause a significant increase in quote traffic.
    Moreover, as the Commission is aware, NYSE Arca has a vigorous
quote mitigation strategy in place in an effort to lessen the growth
rate of quotations. When it expanded the Program several months ago,
NYSE Arca included a delisting policy that would be applicable with
regard to this proposed expansion.\7\ NYSE Arca and the other options
exchanges amended the Options Listing Procedures Plan (``OLPP'') in
2008 to impose a minimum volume threshold of 1,000 contracts national
average daily volume per underlying class to qualify for an additional
year of LEAP series.\8\ Most recently, NYSE Arca, along with the other
options exchanges, amended the OLPP to adopt objective exercise price
range limitations applicable to equity option classes, options on ETFs
and options on trust issued receipts.\9\ NYSE Arca believes that these
price range limitations will have a meaningful quote mitigation impact.
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    \7\ The delisting policy includes a provision that states NYSE
Arca may grant OTP Holder requests to add strikes and/or maintain
strikes in series of options classes traded pursuant to the Program
that are eligible for delisting.
    \8\ See Exchange Act SEC Release No. 58630 (September 24, 2008),
73 FR 57166 (October 1, 2008).
    \9\ See Exchange Act Release No. 60531 (August 19, 2009), 74 FR
43173 (August 26, 2009) (approving Amendment No. 3 to the OLPP).
NYSE Arca's proposal to list $1.00 strikes in LEAPS to $5.00 would
not be subject to the exercise price range limitations contained in
new paragraph (3)(g)(ii) of the OLPP.
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    The margin requirements of NYSE Arca Rule 4 and the position and
exercise requirements set forth in Rule 6.8 and Rule 6.9 will continue
to apply to these new series, and no changes are being proposed to
those requirements by this rule change.
    With regard to the impact on system capacity, NYSE Arca has
analyzed its capacity and represents that it and the Options Price
Reporting Authority have the necessary systems capacity to handle the
additional traffic associated with the listing and trading of an
expanded number of series as proposed by this filing.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section

6(b) \10\ of the Securities Exchange Act of 1934 (the ``Act''), in
general, and furthers the objectives of Section 6(b)(5) \11\ in
particular in that it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system and, in general, to protect
investors and the public interest, by giving investors more flexibility
to closely tailor their investment decisions.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the 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 after the date of the filing, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has waived this requirement in this case.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission hereby grants that request.\14\ The
Commission believes that waiver of the operative delay is consistent
with the protection of investors and the public interest because it
recently approved a proposal from CBOE which is identical to the
current proposal in all material respects and on which no comments were
received.\15\ Therefore, the proposal is operative upon filing.
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    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \15\ See Securities Exchange Act Release No. 60978, supra note
4.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-105 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-105. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 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-NYSEArca-2009-105 and should
be submitted on or before December 18, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-28349 Filed 11-25-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Pages 3480-3482]
[FR Doc No: 2013-00791]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68617; File No. SR-NASDAQ-2013-005]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Establish the Latency Optics Add-on Service to QView

January 10, 2013.
    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 January 4, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange''), 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 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 establish the Latency Optics add-on
service to QView offered at no cost to subscribing members beginning
February 4, 2013, and for a monthly fee beginning April 1, 2013.
    The text of the proposed rule change is below. Proposed new
language is italicized.

7058. QView

    (a) QView is a web-based tool designed to give a subscribing
member the ability to track its order flow on Nasdaq, and create
both real-time and historical reports of such order flow. Members
may subscribe to QView for a fee of $600 per month, per member firm.
    (b) A QView subscriber may subscribe to the Latency Optics add-
on service. Latency Optics is a web-based tool accessed through
QView that provides a subscribing member the ability to monitor the
latency of its order messages through its OUCH ports on the Nasdaq
system in real-time, analyze the latency of messages sent to the
Nasdaq system, and compare its latency to the average latency on the
Nasdaq system at any given time. In addition users can view latency
detail for order to book (i.e., how quickly an order is visible on
the ITCH feed).
    A member may subscribe to the Latency Optics add-on at no cost
beginning February 4, 2013, and for a fee of $2,900 per month/per
member beginning April 1, 2013. A Latency Optics subscription
includes subscription to TradeInfo for up to 5 users at no
additional cost beginning April 1, 2013.
* * * * *

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

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

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

1. Purpose
    The Exchange is proposing to adopt a new add on service to QView
that provides a subscribing member firm with real-time order latency
and analytical tools to measure the historical latency of the member
firm's order messages sent to and from the NASDAQ Market Center
(``System'') through the member firm's OUCH ports \3\ and received on
ITCH ports. Latency Optics, which is accessed through QView,\4\ allows
a subscribing member firm to view the latency of its orders, segregated
by MPID and/or ports. The tool measures: (1) The roundtrip time that it
takes from when an order enters the NASDAQ network to the time the
acknowledgement is received back to the client edge; (2) the roundtrip
time that it takes from when an order enters the NASDAQ network to the
time that the order appears on the TotalView ITCH multicast feed; and
(3) the roundtrip time that it takes from when an order cancel request
enters the NASDAQ network to when the out message is received back to
the client edge. The data provided by Latency Optics is displayed
graphically and in table format, showing the latency experienced by the
subscribing member firm for each of the three categories of latency for
the current trading day, segregated by the firm's MPIDs and/or ports.
The subscribing member firm may select an individual port to drill down
to more detailed latency information concerning that port for the
current trading day, including trade-by-trade latency data. The
subscribing member firm may further drill down to more detailed
information on one of the three individual latency categories for the
individual port.
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    \3\ A port is a means by which a member firm may connect to the
System. Ports are designated by the connection protocol used (e.g.,
OUCH, FIX, RASH).
    \4\ QView is a web-based, front-end application that allows a
subscribing member firm to track all of its trading activity on the
Exchange through detailed order and execution summaries. In
addition, QView provides a subscribing member firm with statistics
concerning the total number of executions, total volume, dollar
value of executions, executions by symbol, add versus remove, buy
versus sell, display versus non-display, number of open orders, use
of routing strategies and liquidity code designation.
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    Latency Optics allows a subscribing member firm to set an alert
when a certain latency threshold is reached in any of the three
categories of latency measured. The thresholds for the alerts are
determined by the subscribing member firm and are individually set by
port, and the firm may elect to have the alert notifications provided
hourly or at the end of the trading day.
    The Exchange is proposing to offer the Latency Optics at no cost,
other than subscription to QView and at least one subscription to
TradeInfo,\5\ on February 4, 2013. As noted, Latency Optics is an add-
on service to QView, and as such a member firm must also subscribe to
QView to access Latency Optics. In addition, a member firm that
subscribes to QView, and by extension Latency Optics, must also have at
least one TradeInfo subscription. TradeInfo allows a subscribing member
firm to query for their [sic] orders submitted to the System and
perform certain actions concerning the queried orders, such as
canceling open orders. TradeInfo is the means by which a member firm
accesses QView and Latency Optics. TradeInfo is offered complimentary
as part of the NASDAQ Workstation or separately for a fee of $95 per
user, per month. Each TradeInfo user account provides an access point
to QView and Latency Optics, therefore a member firm that subscribes to
multiple TradeInfo accounts may access both QView and Latency Optics
through each of its TradeInfo user accounts concurrently. The Exchange
is proposing to assess the monthly fee of $2,900 per member firm for
Latency Optics, beginning on April 1, 2013, and which will include up
to 5 monthly subscriptions to TradeInfo. Any TradeInfo subscriptions
held by a

Latency Optics subscriber in excess of 5 will continue to be assessed
the normal monthly subscription fee after April 1, 2013.
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    \5\ TradeInfo allows a subscribing member firm to perform
actions on their [sic] orders, such as querying all orders in a
particular security or all orders of a particular type, regardless
of their status (open, canceled, executed, etc.). For example, after
querying for open orders the user is then able to select that open
order and is allowed to make corrections to the order or cancel the
order. See Rule 7015(f); see also Securities Exchange Act Release
No. 55135 (January 19, 2007), 72 FR 3893 (January 26, 2007)(SR-
NASDAQ-2006-062).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\6\ in general, and Section
6(b)(4) of the Act,\7\ 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. The Latency Optics add-on service is
voluntary and the subscription fee will be imposed on all purchasers
equally. NASDAQ notes that Latency Optics is only available for a
member firm's OUCH ports at this time. NASDAQ believes that it is
equitable and not unfairly discriminatory to limit the add-on service
to OUCH ports because the measure of latency monitored by the service
is of greatest value to users of OUCH ports. OUCH is a NASDAQ
proprietary protocol that is used by member firms to access the System
as efficiently as possible.\8\ For such OUCH port users, latency as
measured by the Latency Optics service may be important in making
investment decisions. Should a member firm wish to access the
information provided by a Latency Optics subscription, it may subscribe
to and trade via an OUCH port at any time, thus enabling it to
subscribe to Latency Optics. NASDAQ may offer Latency Optics for other
types of ports should there be member firm interest in expanding the
add-on service to cover these ports. The proposed fee will be allocated
to cover the costs associated with establishing the service, responding
to customer requests, configuring NASDAQ systems, programming to user
specifications, and administering the service, among other things, and
may provide NASDAQ with a profit to the extent costs are covered.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ The OUCH protocol, unlike the FIX protocol for example, does
not provide routing or special order instructions such as directed
orders, or order types that check the NASDAQ book first and then
route away to other destinations.
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    The Exchange determined that the proposed fee is reasonable based
on member firm interest in the service, costs associated with
developing and supporting the service, and the value that the Latency
Optics service provides to subscribing member firms. The information
provided by the Latency Optics service relates to the subscribing
member firm's order message activity through its OUCH ports, and is a
measure of the speed at which such message activity is passing through
in any given time. This information is valuable to member firms that
rely on high connectivity speed to effectuate their trading strategies.
    The Exchange believes the proposed rule change is consistent with
Section 6(b)(5) of the Act,\9\ which requires that the rules of an
exchange be designed to prevent fraudulent and manipulative acts and
practices, promote just and equitable principles of trade, foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, protect investors and the public interest; and
are not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The Exchange believes the proposed rule
change is consistent with these requirements because the proposed
service provides a subscribing member firm with a useful analytical
tool with which it may measure latency of order messages sent to, and
received from, the System. With this information, a subscribing member
firm will know what latency it is experiencing for a given order or
execution on NASDAQ, and make more informed decisions based on this
knowledge. Accordingly, the Exchange believes that the proposed service
will further goals of the Act by providing a subscribing member firm
with greater transparency with respect to latency it is experiencing in
real-time through its connectivity to the System.
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    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange 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. To
the contrary, the Exchange believes that the proposed rule change will
promote competition among Exchanges by encouraging them to provide
their members with useful metrics concerning the latency experienced by
their order messages, similar to Latency Optics. Such services would
provide market participants with greater insight into the performance
they receive from a particular market thus allowing them to make more
informed investment decisions. As such, the Exchange believes that only
competitor markets will be burdened by the proposed new service, as
they may be forced to develop and offer a similar service to their
members to remain competitive. The Exchange believes that this is
appropriate in furtherance of the purposes of the Act because, by
offering such services to its members, these competitor markets will
allow a greater number of market participants to make more informed
investment decisions.

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

    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)(ii) [sic] of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(a)(ii) [sic].
    \11\ 17 CFR 240.19b-4(f)(6).
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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.
The Exchange has provided the Commission written notice of its intent
to file the proposed rule change, along with a brief description and
text of the proposed rule change, at least five business days prior to
the date of filing of the proposed rule change.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2013-005 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-2013-005. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal 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-2013-
005, and should be submitted on or before February 6, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00791 Filed 1-15-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Proposed Rules]
[Pages 14962-14963]
[FR Doc No: 2023-04592]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1120

[Docket No. FDA-2013-N-0227]

Proposed Requirements for Tobacco Product Manufacturing Practice;
Public Hearing; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Public hearing; request for comments.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing a public oral hearing entitled ``Proposed Requirements for
Tobacco Product Manufacturing Practice.'' The Federal Food, Drug, and
Cosmetic Act (FD&C Act) authorizes FDA to prescribe current good
manufacturing practice (cGMP) or hazard analysis and critical control
point methodology (HACCP) regulations related to the manufacture,
preproduction design validation, packing, and storage of tobacco
products to protect public health and ensure compliance with the FD&C
Act. In accordance with this provision, FDA is proposing requirements
for tobacco product manufacturing practice (TPMP) elsewhere in this
issue of the Federal Register. The FD&C Act further requires FDA to
afford an opportunity for an oral hearing on the proposed regulation.
We are holding this public oral hearing to carry out this statutory
mandate and obtain information and views on the proposed TPMP
requirements.

DATES: The public oral hearing will be held virtually on April 12,
2023, from 9:30 a.m. to 5 p.m. Eastern Time. All written notices of
participation must be received by March 31, 2023 (email written notices
of participation to: [email protected]). Either electronic or
written comments on this public hearing must be submitted by September
6, 2023. See the SUPPLEMENTARY INFORMATION section for registration
date and information. FDA also reminds the public that commenters may
submit either electronic or written comments on the proposed rule
published elsewhere in this issue of the Federal Register by September
6, 2023.

ADDRESSES: This public oral hearing will be held via an online
teleconferencing platform. Additional details, such as the time of the
public oral hearing and registration information, will be posted at
https://www.fda.gov/tobacco-products. The online web conference meeting
link can be accessed at https://www.fda.gov/tobacco-products on the day
of the meeting.
    All written notices of participation must be received by March 31,
2023 (email to: [email protected]). You may submit comments as
follows. Please note that late, untimely filed comments will not be
considered. The https://www.regulations.gov electronic filing system
will accept comments until 11:59 p.m. Eastern Time at the end of
September 6, 2023. Comments received by mail/hand delivery/courier (for
written/paper submissions) will be considered timely if they are
received on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-N-0227 for ``Proposed Requirements for Tobacco Product
Manufacturing Practices; Notice of Public Hearing; Request for
Comments.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Necola Staples or Robert Schwartz,
Center for Tobacco Products, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993-0002, 1-877-287-1373,
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Elsewhere in this issue of the Federal Register, FDA issued a
proposed regulation on TPMP requirements (TPMP proposed rule). As
described in the TPMP proposed rule, section 906(e) of the FD&C Act (21
U.S.C. 387f(e)) authorizes FDA to establish regulations requiring that
the methods used in, and the facilities and controls used for, the
manufacture, preproduction design validation (including a process to
assess the performance of a tobacco product), packing, and storage of a
tobacco product conform to cGMP or HACCP methodology. The TPMP proposed
rule (proposed 21 CFR part 1120), if finalized, would set forth the
requirements with which finished and bulk tobacco product manufacturers
must comply in the manufacture, preproduction design validation,
packing, and storage of finished and bulk tobacco products. These
requirements, if finalized, will help protect the public health by
ensuring that tobacco products are manufactured in facilities that meet
basic requirements for manufacturing, packing, and storing tobacco
products and are in compliance with chapter IX of the FD&C Act (21
U.S.C. 387 through 387u).
    Section 906(e)(1)(B)(ii) of the FD&C Act requires FDA, before
issuing a final TPMP regulation, to provide the public the opportunity
for an oral hearing. To satisfy this requirement, FDA is holding this
public oral hearing pursuant to part 15 (21 CFR part 15) to provide the
opportunity for the public to present information and views on the
proposed requirements.

II. Notice of Hearing Under Part 15

    To satisfy the statutory requirement under section 906(e)(1)(B)(ii)
of the FD&C Act, FDA will hold a public oral hearing consistent with
part 15. The hearing will be conducted by a presiding officer, who will
be accompanied by FDA panelists, including subject matter experts from
the Center for Tobacco Products. As provided in Sec.  15.30(f) (21 CFR
15.30(f)), the hearing is informal and the rules of evidence do not
apply. No participant may interrupt the presentation of another
participant. Only the presiding officer and panel members can pose
questions; they can question any person during or at the conclusion of
each presentation. Public hearings under part 15 are subject to FDA's
policy and procedures for electronic media coverage of FDA's public
administrative proceedings (21 CFR part 10, subpart C). Under 21 CFR
10.205, representatives of the media may be permitted, subject to
certain limitations, to videotape, film, or otherwise record FDA's
public administrative proceedings, including presentations by
participants. The hearing will be transcribed as provided in Sec.
15.30(b) (see also Transcripts). To the extent that the conditions for
the hearing, as described in this notice, conflict with any provisions
set out in part 15, this notice acts as a waiver of those provisions as
specified in Sec.  15.30(h).

III. Topics for Discussion at the Public Oral Hearing

    FDA is interested in the public's views, information, and any
supporting data on the TPMP proposed rule, including the following
topics:
     The proposed scope of the regulation to cover finished and
bulk tobacco product manufacturers, including specification developers.
     Potential changes to the scope of the regulation, such as
expanding the scope to cover manufacturers of all regulated tobacco
products, including all components or parts, or limiting the scope to
cover only manufacturers of certain products.
     FDA's proposed ``umbrella'' approach with flexible
requirements to all affected entities as opposed to applying only
specific or additional requirements for certain types of tobacco
products.
     Product specifications in the Master Manufacturing Record
(MMR). The proposed approach for the MMR would include any requirement
established by the manufacturer as well as, at a minimum, certain
specifications related to product content, design, and any applicable
product standards.
     Design and development activities needed to control the
risks associated with finished and bulk tobacco product and its
production processes, packing, and storage. The proposed risk
management process would include the risk treatment requirements
intended to help prevent the manufacture and distribution of
nonconforming and/or contaminated tobacco product.
     The proposed effective date--2 years for manufacturers
(other than small tobacco product manufacturers) and a total of 6 years
for small tobacco product manufacturers--for complying with any TPMP
regulations.

IV. Participating in the Public Oral Hearing

    Registration: To register to attend the free public oral hearing,
please visit the following website: https://www.fda.gov/tobacco-products. Registration information will be posted soon. Live closed
captioning will be provided during the public oral hearing. Additional
information on requests for special accommodations due to a disability
will be provided during registration.
    Written Notice of Participation: During online registration you may
indicate if you wish to present information and views at the hearing
(oral statements without slides). FDA will do its best to accommodate
requests to make public presentations. Individuals and organizations
with common interests are urged to consolidate or coordinate their
presentations and request time for a joint presentation. Following the
close of registration, we will determine the amount of time allotted to
each presenter and the approximate time each oral presentation is to
begin and will notify participants ahead of the hearing. All written
notices of participation must be received by March 31, 2023, 11:59 p.m.
Eastern Time (email to: [email protected]). No commercial or
promotional material will be permitted to be presented or distributed
at the public oral hearing.
    Transcripts: Please be advised that as soon as a transcript of the
public oral hearing is available, it will be accessible at https://www.regulations.gov. Once available, the transcript may be viewed at
the Dockets Management Staff (see ADDRESSES). A link to the transcript
will also be available on the internet at https://www.fda.gov/tobacco-products.

    Dated: March 1, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-04592 Filed 3-8-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Page 60229]
[FR Doc No: 2021-23734]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2322-069]

Brookfield White Pine Hydro LLC; Notice of Waiver Period for
Water Quality Certification Application

    On October 15, 2021, Brookfield White Pine Hydro LLC (Brookfield)
submitted to the Federal Energy Regulatory Commission a copy of its
application for a Clean Water Act section 401(a)(1) water quality
certification filed with the Maine Department of Environmental
Protection (Maine DEP), in conjunction with the above captioned
project. On October 20, 2021, Brookfield filed documentation of the
date that Maine DEP received the application. Pursuant to 40 CFR 121.6,
we hereby notify the Maine DEP of the following:
    Date of Receipt of the Certification Request: October 18, 2021.
    Reasonable Period of Time to Act on the Certification Request: One
year.
    Date Waiver Occurs for Failure to Act: October 18, 2022.
    If the Maine DEP fails or refuses to act on the water quality
certification request by the above waiver date, then the agency's
certifying authority is deemed waived pursuant to section 401(a)(1) of
the Clean Water Act, 33 U.S.C. 1341(a)(1).

    Dated: October 26, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-23734 Filed 10-29-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Rules and Regulations]
[Pages 70969-70972]
[FR Doc No: 2021-27045]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1061; Project Identifier AD-2021-01192-E;
Amendment 39-21853; AD 2021-23-51]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain General Electric Company (GE) CF34-8C and CF34-8E model
turbofan engines. This AD was prompted by an in-flight shutdown of an
engine and subsequent investigation by the manufacturer that revealed a
broken variable geometry (VG) actuator rod end caused by corrosion and
seizure of the rod end bearing. This AD requires performing an
inspection of the master compressor VG actuator and slave compressor VG
actuator and, depending on the results of the inspection, replacement
of the part with a part eligible for installation. This AD also
requires reporting the results of the inspection to GE. The FAA
previously sent an emergency AD to all known U.S. owners and operators
of these GE CF34-8C and CF34-8E model turbofan engines and is now
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective December 29, 2021. Emergency AD 2021-23-51,
issued on November 4, 2021, which contained the requirements of this
amendment, was effective with actual notice.
    The Director of the Federal Register approved the incorporation by
reference of certain publications identified in this AD as of December
29, 2021.
    The FAA must receive comments on this AD by January 28, 2022.

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 final rule, contact
General Electric Company, 1 Neumann Way, Cincinnati, OH 45215; phone:
(513) 552-3272; email: [email protected]; website: https://www.ge.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-1061.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1061; 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, any
comments received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Scott M. Stevenson, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On November 4, 2021, the FAA issued Emergency AD 2021-23-51 (the
emergency AD), which requires performing an inspection of the master
compressor VG actuator and slave compressor VG actuator and, depending
on the results of the inspection, replacement of the part with a part
eligible for installation. The emergency AD also requires reporting the
results of the inspection to GE. The FAA sent the emergency AD to all
known U.S. owners and operators of these engines. This action was
prompted by an event on August 11, 2021, in which a Bombardier CRJ1000
airplane, powered by GE CF34-8C5 model engines, experienced an in-
flight engine shutdown that resulted in a diversion. The manufacturer's
investigation found that these engines were parked outdoors for
extended lengths of time within 10 miles (16 km) from a saltwater
coastline. These conditions caused corrosion to develop on the
compressor VG actuator rod end bearing, which restricted the motion in
the bearing leading to an elevated stress in the rod end. Subsequently,
the higher stress cracked the rod end which eventually fractured. This
condition, if not addressed, could result in failure of one or more
engines, loss of engine thrust control, and reduced control of the
airplane.

FAA's Determination

    The FAA is issuing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed GE CF34-8C Service Bulletin (SB) 75-0028 R00 and
GE CF34-8E SB 75-0023 R00, both dated November 2, 2021. These SBs
specify procedures for performing a one-time inspection of the master
compressor VG actuator and slave compressor VG actuator, differentiated
by engine model, to identify possible rod end corrosion or seizure.
These SBs also instruct operators to report the inspection results to
GE. 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 ADDRESSES.

AD Requirements

    This AD requires performing an inspection of the master compressor
VG actuator and slave compressor VG actuator and, depending on the
results of the inspection, replacement of the part with a part eligible
for installation. This AD also requires reporting the results of the
inspection to GE.

Interim Action

    The FAA considers this AD to be an interim action. The FAA
anticipates that further AD action will follow.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable,

unnecessary, or contrary to the public interest.'' Under this section,
an agency, upon finding good cause, may issue a final rule without
providing notice and seeking comment prior to issuance. Further,
section 553(d) of the APA authorizes agencies to make rules effective
in less than thirty days, upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of
Emergency AD 2021-23-51, issued on November 4, 2021, to all known U.S.
owners and operators of these engines. The FAA found that the risk to
the flying public justified waiving notice and comment prior to
adoption of this rule. On August 11, 2021, a Bombardier CRJ1000
airplane, powered by GE CF34-8C5 model engines experienced an in-flight
engine shutdown caused by compressor VG actuator rod end failure due to
corrosion and seizure. This unsafe condition, caused by corrosion and
seizure of the compressor VG actuator rod end bearing, may result in
failure of one or more engines, loss of engine thrust control, and
reduced control of the airplane.
    The FAA considers inspection of the compressor VG actuator rod end
bearings to be an urgent safety issue. Inspection of the compressor VG
actuator rod end bearings must be accomplished before accumulating 30
flight hours or within 5 calendar days on one engine installed on an
airplane. The other engine on the same airplane that has already had an
engine inspected must be inspected before accumulating 350 FHs or
within 60 calendar days. These conditions still exist, therefore,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-1061; Project Identifier AD-
2021-01192-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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
this final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Scott
M. Stevenson, Aviation Safety Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 2 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect master compressor VG actuator   2 work-hours x $85 per                $0            $170            $340
 and slave compressor VG actuator.       hour = $170.
Report results of inspection..........  1 work-hour x $85 per                  0              85             170
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace master compressor VG actuator and       2 work-hours x $85 per hour =            $18,890         $19,060
 slave compressor VG actuator.                   $170.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid

OMB Control Number. The OMB Control Number for this information
collection is 2120-0056. Public reporting for this collection of
information is estimated to be approximately 1 hour per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. All responses to this
collection of information are mandatory. Send comments regarding this
burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden to: Information
Collection Clearance Officer, Federal Aviation Administration, 10101
Hillwood Parkway, Fort Worth, TX 76177-1524.

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.

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:

2021-23-51 General Electric Company: Amendment 39-21853; Docket No.
FAA-2021-1061; Project Identifier AD-2021-01192-E.

(a) Effective Date

    The FAA issued emergency airworthiness directive (AD) 2021-23-
51, on November 4, 2021 directly to affected owners and operators.
As a result of such actual notice, that AD was effective for those
owners and operators on the date it was provided. This AD contains
the same requirements as that emergency AD and, for those who did
not receive actual notice, is effective on December 29, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) CF34-8C1, CF34-
8C5, CF34-8C5A1, CF34-8C5A2, CF34-8C5A3, CF34-8C5B1, CF34-8E2, CF34-
8E2A1, CF34-8E5, CF34-8E5A1, CF34-8E5A2, CF34-8E6, and CF34-8E6A1
model turbofan engines installed on an airplane that has accumulated
more than 250 parked days outdoors in the last 24 months within 10
miles (16 km) from a saltwater coastline.
    Note 1 to paragraph (c): A ``parked day'' is 24 consecutive
hours with no engine operation.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compression Section.

(e) Unsafe Condition

    This AD was prompted by an in-flight shutdown of an engine and
subsequent investigation by the manufacturer that revealed a broken
variable geometry (VG) actuator rod end caused by corrosion and
seizure of the rod end bearing. The FAA is issuing this AD to detect
corrosion and seizure of the rod end bearing. The unsafe condition,
if not addressed, could result in failure of one or more engines,
loss of engine thrust control, and reduced control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) On one engine installed on an airplane, before accumulating
30 flight hours (FHs) or within 5 calendar days, whichever occurs
first after the effective date of this AD, perform an inspection of
the master compressor VG actuator, significant item number (SIN)
30401, and slave compressor VG actuator, SIN 30402, in accordance
with the Accomplishment Instructions, paragraphs 3.A.(1) and (2), of
GE CF34-8C Service Bulletin (SB) 75-0028 R00 (GE CF34-8C SB 75-0028)
or GE CF34-8E SB 75-0023 R00 (GE CF34-8E SB 75-0023), both dated
November 2, 2021, as applicable to the engine model.
    (2) On the other engine installed on the airplane, not inspected
as required by paragraph (g)(1) of this AD, before accumulating 350
FHs or within 60 calendar days, whichever occurs first after the
effective date of this AD, perform an inspection of the master
compressor VG actuator, SIN 30401, and slave compressor VG actuator,
SIN 30402, in accordance with the Accomplishment Instructions,
paragraphs 3.A.(1) and (2), of GE CF34-8C SB 75-0028 or GE CF34-8E
SB 75-0023, as applicable to the engine model.
    (3) For engines not in service, before further flight, perform
an inspection of the master compressor VG actuator, SIN 30401, and
slave compressor VG actuator, SIN 30402, in accordance with the
Accomplishment Instructions, paragraphs 3.A.(1) and (2), of GE CF34-
8C SB 75-0028 or GE CF34-8E SB 75-0023, as applicable to the engine
model.
    (4) If the master compressor VG actuator, SIN 30401, or the
slave compressor VG actuator, SIN 30402, does not pass any
inspection required by paragraphs (g)(1) through (3) of this AD,
before further flight, remove the part and replace with a part
eligible for installation.

(h) Reporting Requirements

    Within 10 days after performing the inspections required by
paragraphs (g)(1) through (3) of this AD, in accordance with
paragraphs 3.A.(1) and (2), of GE CF34-8C SB 75-0028 or GE CF34-8E
SB 75-0023, send your inspection report form, pictures, or report
findings to GE at [email protected].

(i) Special Flight Permit

    Special flight permits are prohibited.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 manager of the
certification office,

send it to the attention of the person identified paragraph (k) of
this AD. Information may be emailed to: [email protected].
    (2) 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.

(k) Related Information

    For more information about this AD, contact Scott M. Stevenson,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].

(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 the AD specifies otherwise.
    (i) GE CF34-8C Service Bulletin (SB) 75-0028 R00, dated November
2, 2021.
    (ii) GE CF34-8E SB 75-0023 R00, dated November 2, 2021.
    (3) For GE service information identified in this AD, contact
General Electric Company, 1 Neumann Way, Cincinnati, OH 45215;
phone:<PHONE_NUMBER>; email: [email protected]; website:
https://www.ge.com.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 1, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27045 Filed 12-9-21; 4:15 pm]
BILLING CODE 4910-13-P