[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Notices]
[Pages 38276-38277]
[FR Doc No: 2019-16824]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4447-DR; Docket ID FEMA-2019-0001]

Ohio; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Ohio (FEMA-4447-DR), dated June 18, 2019, and
related determinations.

DATES: The declaration was issued June 18, 2019.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 18, 2019, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Ohio resulting from severe storms, straight-line winds,
tornadoes, flooding, and landslides during the period of May 27 to
May 29, 2019, is of sufficient severity and magnitude to warrant a
major disaster declaration under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''). Therefore, I declare that such a major disaster
exists in the State of Ohio.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas and

Hazard Mitigation throughout the State. Consistent with the
requirement that Federal assistance be supplemental, any Federal
funds provided under the Stafford Act for Hazard Mitigation and
Other Needs Assistance under section 408 will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Steven W. Johnson, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Ohio have been designated as
adversely affected by this major disaster:

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

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-16824 Filed 8-5-19; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Notices]
[Pages 61721-61722]
[FR Doc No: 2016-21584]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Preston Royalty Corp.; Order of Suspension of
Trading

September 2, 2016.
    It appears to the Securities and Exchange Commission that the
public interest and the protection of investors require a suspension of
trading in the securities of Preston Corp. (a/k/a Preston Royalty
Corp.) (CIK No.<PHONE_NUMBER>) because of questions regarding the adequacy
and accuracy of available information about Preston Corp. in light of a
false statement about the permitting status of a mine in the company's
August 10, 2016 press release and questions regarding the adequacy and
accuracy of clarifications Preston Corp. provided in a September 1,
2016, press release about the mining project. Preston Corp. is a Nevada
corporation whose principal place of business is located in Austin,
Texas. Its stock is quoted on OTC Link (previously ``Pink Sheets'')
operated by OTC Markets Group, Inc. under the ticker symbol PSNP.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EDT on
September 2, 2016, through 11:59 p.m. EDT on September 16, 2016.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-21584 Filed 9-2-16; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Notices]
[Pages 64310-64311]
[FR Doc No: 2022-23100]

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UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act Meetings

TIME AND DATE: October 27, 2022, 12:00 p.m. to 3:00 p.m., Eastern time.

PLACE: This meeting will be accessible via conference call and via Zoom
Meeting and Screenshare. Any interested person may call (i) 1-929-205-
6099 (U.S. Toll) or 1-669-900-6833 (U.S. Toll) or (ii) 1-877-853-5247
(U.S. Toll Free) or 1-888-788-0099 (U.S. Toll Free), Meeting ID: 915
9367 7179, to listen and participate in this meeting. The website to
participate via Zoom Meeting and Screenshare is https://kellen.zoom.us/meeting/register/tJUofuquqTwrHd3ebFPcweg6eDMBswbWEwTJ.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board
of Directors (the ``Board'') will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement. The
subject matter of this meeting will include:

Agenda

I. Welcome and Call to Order--UCR Board Chair

    The UCR Board Chair will welcome attendees, call the meeting to
order, call roll for the Board, confirm the presence of a quorum, and
facilitate self-introductions.

II. Verification of Publication of Meeting Notice--UCR Executive
Director

    The UCR Executive Director will verify publication of the meeting
notice on the UCR website and distribution to the UCR contact list via
email, followed by subsequent publication of the notice in the Federal
Register.

III. Review and Approval of Board Agenda--UCR Board Chair

For Discussion and Possible Board Action

    The proposed Agenda will be reviewed, and the Board will consider
adoption.
Ground Rules
    [rtarr8] Board actions taken only in designated areas on agenda.

IV. Approval of Minutes of the September 27, 2022, UCR Board Meeting--
UCR Board Chair

For Discussion and Possible Board Action

    Draft Minutes from the September 27, 2022, UCR Board meeting will
be reviewed. The Board will consider action to approve.

V. Report of FMCSA--FMCSA Representative

    The Federal Motor Carrier Safety Administration (FMCSA) will
provide a report on relevant activity.

VI. Subcommittee Reports

Audit Subcommittee--UCR Audit Subcommittee Chair

A. UCR Participation in FMCSA Out-of-Service Violations--UCR Audit
Subcommittee Chair

For Discussion and Possible Board Action

    The UCR Audit Subcommittee Chair will lead a discussion regarding a
plan to work jointly with IRP and IFTA to add failure to register for
any or all of these regulatory programs to the CVSA Out-of-Service
criteria. This effort is based on data including the 2017 FMCSA Safety
Analysis Report of Interstate Carriers with UCR, IRP and IFTA
Violations and other data showing an enhanced risk of crash for these
unregistered motor carriers. The UCR Board will discuss this issue and
may authorize the UCR Audit Subcommittee and UCR Plan to work with both
IRP and IFTA representatives to submit this request to CVSA for CVSA's
review and approval.
B. Review of States' Audit Compliance Rates for Registration Years 2021
and 2022--UCR Audit Subcommittee Chair
    The UCR Audit Subcommittee Chair will present registration
performance statistics and the related compliance percentages, Focused
Anomaly Reviews (FARs), unregistered brackets 5 and 6 motor carrier
audits for the 2021 and 2022 registration years.

Finance Subcommittee--UCR Finance Subcommittee Chair

Removal of 2025 Fee Change Recommendation So That Current Fee
Recommendation is for the 2024 Registration Year Only--UCR Finance
Subcommittee Chair

For Discussion and Possible Board Action

    The UCR Finance Subcommittee Chair will lead a discussion regarding
a revision to the 2024 and 2025 UCR fee change recommendation to
officially remove the 2025 fee recommendation from the current request
that was approved by the UCR Board during the August 11, 2022 UCR Board
meeting. There will be no change to the fee levels contained in the
2024 fee recommendation. Instead, the UCR Board may decide to submit a
fee change recommendation for the 2025 Registration Year at the
proposed July 27, 2023 UCR Board Meeting. The UCR Board may take action
to approve the removal of the 2025 fee from the current fee
recommendation.

Education and Training Subcommittee--UCR Education and Training
Subcommittee Chair

Update on Current and Future Training Initiatives--UCR Education and
Training Subcommittee Chair and UCR Staff Executive
    The Education and Training Subcommittee Chair and the UCR Staff
Executive will provide an update on current and planned future training
initiatives and the E-Certificate program.

Industry Advisory Subcommittee--UCR Industry Advisory Subcommittee
Chair

Update on Current Initiatives--UCR Industry Advisory Subcommittee Chair
and UCR Staff Executive
    The UCR Industry Advisory Subcommittee Chair and the UCR Staff
Executive will provide an update on current and planned initiatives
regarding motor carrier industry concerns.

VII. Contractor Reports--UCR Executive Director

 UCR Executive Director's Report

    The UCR Executive Director will provide a report covering recent
activity for the UCR Plan.

 DSL Transportation Services, Inc.

    DSL Transportation Services, Inc. will report on the latest data
from the Focused Anomaly Reviews (FARs) program, discuss motor carrier
inspection results, pilot projects and other matters.

 Seikosoft

    Seikosoft will provide an update on recent/new activity related to
the National Registration System (NRS).

 UCR Administrator Report (Kellen)

    The UCR Staff Executive will provide a management report covering
recent activity for the Depository, Operations, and Communications.

VIII. Other Business--UCR Board Chair

    The UCR Board Chair will call for any other business, old or new,
from the floor.

IX. Adjournment--UCR Board Chair

    The UCR Board Chair will adjourn the meeting.

    The agenda will be available no later than 5:00 p.m. Eastern time,
October 19, 2022 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
[email protected].

Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2022-23100 Filed 10-20-22; 11:15 am]
BILLING CODE 4910-YL-P


[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Rules and Regulations]
[Pages 31021-31023]
[FR Doc No: 2014-12545]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 866

[Docket No. FDA-2014-N-0429]

Medical Devices; Immunology and Microbiology Devices;
Classification of Dengue Virus Serological Reagents

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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SUMMARY: The Food and Drug Administration (FDA) is classifying dengue
virus serological reagents into class II (special controls). The
special controls that will apply to the device are identified in this
order, and the codified language for the dengue serological reagents
classification will include the identification of the special controls
that will apply to this device. The Agency is classifying the device
into class II (special controls) because special controls, in addition
to general controls, will provide a reasonable assurance of safety and
effectiveness of the device.

DATES: This order is effective June 30, 2014. The classification was
applicable April 8, 2011.

FOR FURTHER INFORMATION CONTACT: Beena Puri, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5553, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with section 513(f)(1) of the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(f)(1)), devices that were
not in commercial distribution before May 28, 1976 (the date of
enactment of the Medical Device Amendments of 1976), generally referred
to as postamendments devices, are classified automatically by statute
into class III without any FDA

rulemaking process. These devices remain in class III and require
premarket approval, unless and until the device is classified or
reclassified into class I or II, or FDA issues an order finding the
device to be substantially equivalent, in accordance with section
513(i) of the FD&C Act, to a predicate device that does not require
premarket approval. The Agency determines whether new devices are
substantially equivalent to predicate devices by means of premarket
notification procedures in section 510(k) of the FD&C Act (21 U.S.C.
360(k)) and part 807 (21 CFR part 807) of the regulations.
    Section 513(f)(2) of the FD&C Act, as amended by section 607 of the
Food and Drug Administration Safety and Innovation Act (Pub. L. 112-
144, July 9, 2012), provides two procedures by which a person may
request FDA to classify a device under the criteria set forth in
section 513(a)(1). Under the first procedure, the person submits a
premarket notification under section 510(k) of the FD&C Act for a
device that has not previously been classified and, within 30 days of
receiving an order classifying the device into class III under section
513(f)(1) of the FD&C Act, the person requests a classification under
section 513(f)(2). Under the second procedure, rather than first
submitting a premarket notification under section 510(k) and then a
request for classification under the first procedure, the person
determines that there is no legally marketed device upon which to base
a determination of substantial equivalence and requests a
classification under section 513(f)(2) of the FD&C Act. If the person
submits a request to classify the device under this second procedure,
FDA may decline to undertake the classification request if FDA
identifies a legally marketed device that could provide a reasonable
basis for review of substantial equivalence with the device or if FDA
determines that the device submitted is not of ``low-moderate risk'' or
that general controls would be inadequate to control the risks and
special controls to mitigate the risks cannot be developed.
    In response to a request to classify a device under either
procedure provided by section 513(f)(2) of the FD&C Act, FDA will
classify the device by written order within 120 days. This
classification will be the initial classification of the device. Within
30 days after the issuance of an order classifying the device, FDA must
publish a notice in the Federal Register announcing this
classification.
    In accordance with section 513(f)(1) of the FD&C Act, FDA issued an
order on October 8, 2010, classifying the InBios DENV Detect IgM
Capture ELISA into class III, because it was not substantially
equivalent to a device that was introduced or delivered for
introduction into interstate commerce for commercial distribution
before May 28, 1976, or a device which was subsequently reclassified
into class I or class II. On October 20, 2010, InBios International
Inc., submitted a request for de novo classification of the InBios DENV
Detect IgM Capture ELISA under section 513(f)(2) of the FD&C Act. The
manufacturer recommended that the device be classified into class II.
    In accordance with section 513(f)(2) of the FD&C Act, FDA reviewed
the request for de novo classification in order to classify the device
under the criteria for classification set forth in section 513(a)(1) of
the FD&C Act. FDA classifies devices into class II if general controls
by themselves are insufficient to provide reasonable assurance of
safety and effectiveness, but there is sufficient information to
establish special controls to provide reasonable assurance of the
safety and effectiveness of the device for its intended use. After
review of the information submitted in the request, FDA determined that
the device can be classified into class II with the establishment of
special controls. FDA believes these special controls will provide
reasonable assurance of the safety and effectiveness of the device.
    The device is assigned the generic name dengue virus serological
reagents, which are identified as devices that consist of antigens and
antibodies for the detection of dengue virus and dengue antibodies in
individuals who have signs and symptoms of dengue fever or dengue
hemorrhagic fever. The detection aids in the clinical laboratory
diagnosis of dengue fever or dengue hemorrhagic fever caused by dengue
virus.
    FDA has identified the following risks to health associated with
this type of device and the measures required to mitigate these risks:

       Table 1--Identified Risks to Health and Mitigation Measures
------------------------------------------------------------------------
       Identified risks to health              Mitigation measures
------------------------------------------------------------------------
A false positive test result for an      Device Description Containing
 individual may lead to unnecessary       the Information Specified in
 treatment and possibly a less thorough   the Special Control Guideline.
 laboratory evaluation for the true      Performance Characteristics.
 cause of illness; a false positive      Labeling.
 result may lead to unnecessary          Postmarket Measures.
 initiation of mosquito vector control
 measures.
A false negative test result may lead    Device Description Containing
 to inappropriate use of antibiotics or   the Information Specified in
 a delay in treatment to prevent death    the Special Control Guideline.
 due to dengue hemorrhagic fever or      Performance Characteristics.
 dengue shock syndrome or a false        Labeling.
 negative result may lead to delay in    Postmarket Measures.
 initiation of mosquito vector control
 measures.
An error in the interpretation of the    Labeling.
 results.
------------------------------------------------------------------------

    FDA believes that the measures set forth in the special controls
guideline entitled ``Class II Special Controls Guideline: Dengue Virus
Serological Reagents'' are necessary, in addition to general controls,
to mitigate the risks to health described in table 1.
    Therefore, on April 8, 2011, FDA issued an order to the petitioner
classifying dengue virus serological reagents into class II. FDA is
codifying this device type by adding Sec.  866.3945).
    Following the effective date of this final classification order,
any firm submitting a 510(k) premarket notification for this device
type will need to comply with the special controls.
    Section 510(m) of the FD&C Act provides that FDA may exempt a class
II device from the premarket notification requirements under section
510(k) of the FD&C Act if FDA determines that premarket notification is
not necessary to provide reasonable assurance of the safety and
effectiveness of the device. For this type of device, FDA has
determined that premarket notification is necessary to provide
reasonable assurance of the safety and effectiveness of the device.
Therefore, this type of

device is not exempt from premarket notification requirements. Persons
who intend to market this type of device must submit to FDA a premarket
notification, prior to marketing the device, which contains information
about the dengue virus nucleic acid amplification test reagents they
intend to market.

II. Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is
of type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

III. Paperwork Reduction Act of 1995

    This final administrative order establishes special controls that
refer to previously approved collections of information found in other
FDA regulations. These collections of information are subject to review
by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of
information in part 807, subpart E, regarding premarket notification
submissions have been approved under OMB control number 0910-0120; the
collections of information in 21 CFR part 820 have been approved under
OMB control number 0910-0073; and the collections of information in 21
CFR part 801 and 21 CFR 809.10 have been approved under OMB control
number 0910-0485.

List of Subjects in 21 CFR Part 866

    Biologics, Laboratories, Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
866 is amended as follows:

PART 866--IMMUNOLOGY AND MICROBIOLOGY DEVICES

0
1. The authority citation for 21 CFR part 866 continues to read as
follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 371.

0
2. Section 866.3945 is added to subpart D to read as follows:

Sec.  866.3945  Dengue virus serological reagents.

    (a) Identification. Dengue virus serological reagents are devices
that consist of antigens and antibodies for the detection of dengue
virus and dengue antibodies in individuals who have signs and symptoms
of dengue fever or dengue hemorrhagic fever. The detection aids in the
clinical laboratory diagnosis of dengue fever or dengue hemorrhagic
fever caused by dengue virus.
    (b) Classification. Class II (special controls). The special
control is FDA's guideline entitled ``Class II Special Controls
Guideline: Dengue Virus Serological Reagents.'' For availability of the
guideline document, see Sec.  866.1(e).

    Dated: May 27, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-12545 Filed 5-29-14; 8:45 am]
BILLING CODE 4160-01-P


Incorporation of Dockets by Reference

June 22, 2012

Docket EPA-HQ-OAR-2002-0051, National Emission Standards for Hazardous
Air Pollutants from the Portland Cement Manufacturing Industry, and
Docket EPA-HQ-OAR-2007-0877, Standards of Performance (NSPS) for
Portland Cement Plants, are incorporated by reference into this docket
(Docket EPA-HQ-OAR-2011-0817.


[Federal Register: January 24, 2006 (Volume 71, Number 15)]
[Notices]
[Page 3895-3896]
[DOCID:fr24ja06-128]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon written request, copies available from: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension:
    Rule 15c2-1; SEC File No. 270-418; OMB Control No. 3235-0485.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.,) the Securities and Exchange
Commission (``Commission'') is publishing the following summaries of
collections for public comment.
    Rule 15c2-1 prohibits the commingling under the same lien of
securities of margin customers (a) with other customers without their
written consent and (b) with the broker or dealer. The rule also
prohibits the rehypothecation of customers' margin securities for a sum
in excess of the customer's aggregate indebtedness. See Securities
Exchange Act Release No.

2690 (November 15, 1940); Securities Exchange Act Release No. 9428
(December 29, 1971). Pursuant to Rule 15c2-1, respondents must collect
information necessary to prevent the rehypothecation of customer
securities in contravention of the rule, issue and retain copies of
notices of hypothecation of customer securities in accordance with the
rule, and collect written consents from customers in accordance with
the rule. The information is necessary to ensure compliance with the
rule, and to advise customers of the rule's protections.
    There are approximately 145 respondents (i.e., broker-dealers that
carry or clear customer accounts that also have bank loans) that
require an aggregate total of 3263 hours to comply with the rule. Each
of these approximately 145 registered broker-dealers makes an estimated
45 annual responses. Each response takes approximately 0.5 hours to
complete. Thus, the total compliance burden per year is 3263 burden
hours.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Direct your written comments to R. Corey Booth, Director/Chief
Information Officer, Office of Information Technology, Securities and
Exchange Commission, 100 F Street, NW., Washington, DC 20549.

    Dated: January 17, 2006.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 06-622 Filed 1-23-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Rules and Regulations]
[Page 45134]
[FR Doc No: 2014-18425]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

Railroad Workplace Safety

CFR Correction

0
In Title 49 of the Code of Federal Regulations, Parts 200 to 299,
revised as of October 1, 2013, on page 189, in Sec.  214.315, paragraph
(b) is reinstated to read as follows:

Sec.  214.315  Supervision and communication.

* * * * *
    (b) A job briefing for on-track safety shall be deemed complete
only after the roadway worker has acknowledged understanding of the on-
track safety procedures and instructions presented.
* * * * *
[FR Doc. 2014-18425 Filed 8-1-14; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Rules and Regulations]
[Pages 56284-56286]
[FR Doc No: 2011-22380]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0474; Directorate Identifier 2010-NM-213-AD;
Amendment 39-16802; AD 2011-18-20]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200 and -300 Series
Airplanes, and Model A340-200 and -300 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    It was noticed in production that the distance between the wire
harnesses 5376VB/2M and 5377VB/1M which are above the left-hand (LH)
and right-hand (RH) door 4, and the air conditioning duct could be
too small. This could result in collision between the flexible air
conditioning hose and wire harnesses.
    This condition, if not corrected, could lead to the short
circuit of wires dedicated to oxygen, which, in case of emergency,
could result in a large number of passenger oxygen masks not being
supplied with oxygen, possibly causing personal injuries.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective October 18, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 18,
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on May 23, 2011 (76 FR
29673). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    It was noticed in production that the distance between the wire
harnesses 5376VB/2M and 5377VB/1M which are above the left-hand (LH)
and right-hand (RH) door 4, and the air conditioning duct could be
too small. This could result in collision between the flexible air
conditioning hose and wire harnesses.

    This condition, if not corrected, could lead to the short
circuit of wires dedicated to oxygen, which, in case of emergency,
could result in a large number of passenger oxygen masks not being
supplied with oxygen, possibly causing personal injuries.
    For the reasons described above, this [EASA] AD requires the
installation of a protective sleeve and an additional bracket to
maintain the appropriate distance between wires.
    Revision 1 of this [EASA] AD is issued to revise the
applicability section of this AD in order to take into account all
configurations of air conditioning duct and the associated solutions
embodied in production.

For certain airplanes, required actions include modifying the support
assembly of the air outlet. For other airplanes, required actions
include exchanging certain attachment screws of the air outlet box
assembly on each door. You may obtain further information by examining
the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Clarify Applicability

    Delta Air Lines (Delta) asked that the applicability in the NPRM
(76 FR 29673, May 23, 2011) be changed for clarification. Delta stated
that its interpretation of paragraph (c)(3) of the applicability is
that airplanes are exempt from the NPRM if Airbus Modification 201642
is embodied in production, or if Airbus Modification 57562 is embodied
in production, or if both Airbus Modifications 57349 and 58924 are
embodied in production. Delta noted that this interpretation does not
align with the applicability in the EASA AD, which was issued to revise
the applicability paragraph to take into account all configurations of
the air conditioning duct and associated solutions embodied in
production. Delta asked that paragraph (c) of the NPRM be changed to
eliminate the possibility of incorrect interpretation, and included
language for the clarification.
    We agree for the reasons provided by the commenter. We have revised
the format and punctuation of paragraph (c) of this AD for clarity.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We determined that this change
will not increase the economic burden on any operator or increase the
scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD affects about 41 products of U.S.
registry. We also estimate that it will take up to 11 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour. Required parts will cost up to $503
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the AD on U.S.
operators to be up to $58,958, or up to $1,438 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (76 FR 29673, May 23, 2011),
the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-18-20 Airbus: Amendment 39-16802. Docket No. FAA-2011-0474;
Directorate Identifier 2010-NM-213-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October
18, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-201, -202, -203, -223,
-243, -301, -302, -303, -321, -322, -323, -341, -342, and -343
airplanes; and Model A340-211, -212, -213, -311, -312, and -313
airplanes, all manufacturer serial numbers; certificated in any
category; except those airplanes embodied in production with the
modifications identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Modification 57349 and
    (2) Modification 58924 or 201642 or 57562.

Subject

    (d) Air Transport Association (ATA) of America Code 92.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    It was noticed in production that the distance between the wire
harnesses 5376VB/2M and 5377VB/1M which are above the left-hand (LH)
and right-hand (RH) door 4, and the air conditioning duct could be
too small. This could result in collision between the flexible air
conditioning hose and wire harnesses.
    This condition, if not corrected, could lead to the short
circuit of wires dedicated to oxygen, which, in case of emergency,
could result in a large number of passenger oxygen masks not being
supplied with oxygen, possibly causing personal injuries.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Within 24 months after the effective date of this AD: Modify
the wire harness 5376VB/2M and 5377VB/1M attachments above the LH
and RH door 4, in accordance with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A330-92-3077, Revision 01, dated
March 29, 2010; or Airbus Mandatory Service Bulletin A340-92-4078,
Revision 01, dated April 9, 2010; as applicable.
    (h) For airplanes that have been modified before the effective
date of this AD in accordance with the Accomplishment Instructions
of Airbus Mandatory Service Bulletin A330-92-3077 or A340-92-4078,
both dated June 17, 2008: Within 24 months after the effective date
of this AD, perform the additional work identified in Airbus
Mandatory Service Bulletin A330-92-3077, Revision 01, dated March
29, 2010, or A340-92-4078, Revision 01, dated April 9, 2010; as
applicable (including modifying the support assembly of the air
outlet, or exchanging certain attachment screws of the air outlet
box assembly on each door, as applicable), in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A330-92-3077, Revision 01, dated March 29, 2010; or Airbus Mandatory
Service Bulletin A340-92-4078, Revision 01, dated April 9, 2010; as
applicable.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>. Information may be e-mailed 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. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2010-0103R1, dated April 28, 2011; Airbus Mandatory
Service Bulletin A330-92-3077, Revision 01, dated March 29, 2010;
and Airbus Mandatory Service Bulletin A340-92-4078, Revision 01,
dated April 9, 2010; for related information.

Material Incorporated by Reference

    (k) You must use Airbus Mandatory Service Bulletin A330-92-3077,
Revision 01, dated March 29, 2010; or Airbus Mandatory Service
Bulletin A340-92-4078, Revision 01, dated April 9, 2010; as
applicable; to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/_code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 25, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-22380 Filed 9-12-11; 8:45 am]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment:A 75 day comment period is insufficient time for the vaping industry, the wider vaping community, and the general population to adequately and accurately comment on the proposed deeming regulations. I respectfully request that the period for comment be extended out to at least 180 days. Happy Saturday, and thank you for your time and consideration.


[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Notices]
[Pages 74835-74837]
[FR Doc No: 2011-30916]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65828; File No. SR-CBOE-2011-110]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Clarify the Limited Extension to the Compliance Deadline
for Registration and Qualification Pursuant to Rule 3.6A

November 25, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ notice is hereby given that on November 16, 2011, the Chicago
Board Options Exchange, Incorporated (``CBOE'' or the ``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 CBOE. The Exchange has designated the
proposed rule change as constituting a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing rule pursuant to Section 19(b)(3)(A)(i) of
the Act \2\ and Rule 19b-4(f)(1) thereunder,\3\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(i).
    \3\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act

of 1934 (the ``Act''),\4\ the Exchange proposes to clarify that the
limited extension to the November 5, 2011 deadline to comply with its
rules regarding registration and qualification of individual Trading
Permit Holders and individual associated persons also applies to those
individual Trading Permit Holders and/or individual associated persons
that failed the required qualification examination(s) associated with
their required categories of registration on November 5, 2011 (and
thus, prior to the deadline). CBOE is not proposing any textual changes
to the Rules of CBOE. The text of the proposed rule change is available
on the Exchange's Web site (http://www.cboe.org/legal), at the
Exchange's Office of the Secretary and at the Commission.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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

    In its filing with the Commission, CBOE 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. CBOE 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, Proposed Rule Change

(1) Purpose
    Pursuant to Rule 15b7-1,\5\ promulgated under the Exchange Act,\6\
``No registered broker or dealer shall effect any transaction in * * *
any security unless any natural person associated with such broker or
dealer who effects or is involved in effecting such transaction is
registered or approved in accordance with the standards of training,
experience, competence, and other qualification standards * * *
established by the rules of any national securities exchange * * *''
CBOE Rule 3.6A sets forth requirements for registration and
qualification of individual Trading Permit Holders and individual
associated persons. In response to a request by the Division of Trading
and Markets at the Securities and Exchange Commission (the
``Commission'' or ``SEC''), CBOE recently amended its rules to expand
its registration and qualification requirements set forth in CBOE Rule
3.6A to include individual Trading Permit Holders and individual
associated persons that are engaged or to be engaged in the securities
business of a Trading Permit Holder or TPH organization.\7\ CBOE Rule
3.6A provides that these individuals must be registered with the
Exchange in the category of registration appropriate to the function to
be performed as prescribed by the Exchange. Further, Rule 3.6A
requires, among other things, that an individual Trading Permit Holder
or individual associated person submit an application for registration
and pass the appropriate qualification examination before the
registration can become effective. The revised requirements apply to
both CBOE and CBOE Stock Exchange (``CBSX'') Trading Permit Holders and
their associated persons.
---------------------------------------------------------------------------

    \5\ 17 CFR 240.15b7-1.
    \6\ 15 U.S.C. 78a et seq.
    \7\ See Securities Exchange Act Release No. 63314 (November 12,
2010), 75 FR 70957 (November 19, 2010) (SR-CBOE-2010-084).
---------------------------------------------------------------------------

    In conjunction with the registration requirements established by
SR-CBOE-2010-084, three new qualification examinations became available
on June 20, 2011 in the Central Registration Depository system
(``WebCRD''), which is operated by the Financial Industry Regulatory
Authority, Incorporated (``FINRA''). These registration categories
include the following (the required qualification examinations and
prerequisites, as applicable, associated with each registration
category are in parentheses): PT--Proprietary Trader (Series 56), CT--
Proprietary Trader Compliance Officer (Series 14, Series 56
prerequisite) and TP--Proprietary Trader Principal (Series 24, Series
56 prerequisite). In the Approval Order for SR-CBOE-2010-084, the SEC
established a deadline of August 12, 2011 for CBOE and CBSX individual
Trading Permit Holders and individual associated persons of CBOE and
CBSX Trading Permit Holders to register for and pass the applicable
qualification examination(s). This deadline was extended until November
5, 2011.\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 65677 (November 3,
2011), 76 FR 69786 (November 9, 2011) (SR-CBOE-2011-104).
---------------------------------------------------------------------------

    CBOE recently submitted a rule filing providing a limited extension
to the November 5, 2011 deadline for those individuals that have
attempted to take the required qualification examination(s) prior to
November 5, 2011 but have failed the examination (or prerequisite
examination if multiple examinations are required).\9\ CBOE implemented
this rule change to accommodate individuals that failed an examination
prior to the deadline that were prevented from rescheduling an
examination for at least thirty days following the initial failure of
an exam.\10\ The rule change provided individuals with thirty days
following the date that WebCRD permits an individual to reschedule the
appropriate qualification examination (following the failure of an
examination taken prior to November 5, 2011) to retake the examination.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 65732 (November 10,
2011) (SR-CBOE-2010-106) [sic].
    \10\ WebCRD also imposes a thirty day delay for the failure of a
qualification examination for the second time. In addition, an
individual is prevented from re-registering for an examination for
an additional one hundred eighty days upon the third failure of a
qualification examination.
---------------------------------------------------------------------------

    As individuals were able to take the examination on November 5,
2011, CBOE is proposing to clarify that the limited extension also
applies to individuals that failed a required examination on November
5, 2011. CBOE believes this proposal provides a reasonable amount of
time for individuals that have failed an examination to come into
compliance with the rule while limiting the disruption to a Trading
Permit Holder's business operation that may result from an exam
failure.
    Thus, in order to qualify for the limited extension, the individual
(or associated Trading Permit Holder) must demonstrate that (i) the
individual failed the required qualification examination on or prior to
November 5, 2011; and (ii) that the individual attempted to take the
qualification examination again within thirty days following the date
that WebCRD permits the individual to reschedule the examination after
the initial failure.
(2) Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act,\11\ in general, and furthers the objectives of
Section 6(b)(5) of the Act,\12\ which requires, among other things,
that the Exchange's rules be designed to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and protect investors and the public interest. Specifically,
CBOE believes this proposal provides Trading Permit Holders (and
associated persons) that attempted to comply with the registration and
qualification requirements by the deadline a reasonable amount of
additional time to comply with these requirements, particularly as the
individuals that are impacted by this rule are subject to a

system requirement that prevents the individual from complying with
these requirements within the designated timeframe. Further, CBOE
believes that this proposal will limit the disruption to a Trading
Permit Holder's business operation and/or the marketplace, in the event
an individual or firm withdraws from the marketplace following an exam
failure. The Exchange also believes the proposed rule change furthers
the objectives of Section 6(c)(3)\13\ of the Act, which authorizes CBOE
to prescribe standards of training, experience and competence for
persons associated with CBOE members, in that this filing is proposing
to extend the deadline for compliance with the standards of training,
experience and competence established by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(c)(3).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of 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

    The foregoing proposed rule change will take effect upon filing
with the Commission pursuant to Section 19(b)(3)(A)(i) of the Act \14\
and Rule 19b-4(f)(1) thereunder,\15\ because it constitutes a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(i).
    \15\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

    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.

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-CBOE-2011-110 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-CBOE-2011-110. 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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of CBOE. 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 publicly available. All
submissions should refer to File Number SR-CBOE-2011-110 and should be
submitted on or before December 22, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30916 Filed 11-30-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Rules and Regulations]
[Pages 29819-29821]
[FR Doc No: 2022-10524]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0089; Project Identifier MCAI-2021-01027-T;
Amendment 39-22031; AD 2022-09-11]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-14-
17, which applied to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2021-14-17 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2021-14-
17, the FAA has determined that new or more restrictive airworthiness
limitations are necessary. This AD continues to require the revision of
the existing maintenance/inspection program, and also requires revising
the existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective June 21, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 21,
2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of August
23, 2021 (86 FR 37891, July 19, 2021).

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; 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 material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0089.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0089; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0207, dated September 15, 2021
(EASA AD 2021-0207) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-14-17, Amendment 39-21644 (86 FR
37891, July 19, 2021) (AD 2021-14-17). AD 2021-14-17 applied to certain
Airbus SAS Model A350-941 and -1041 airplanes. The NPRM published in
the Federal Register on February 7, 2022 (87 FR 6795). The NPRM was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to retain the requirements
in AD 2021-14-17, and also proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in EASA AD
2021-0207.
    The FAA is issuing this AD to address reduced structural integrity
of the airplane. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association who
supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0207 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
    This AD would also require EASA AD 2020-0210, dated October 5,
2020, which the Director of the Federal Register approved for
incorporation by reference as of August 23, 2021 (86 FR 37891, July 19,
2021).
    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 15 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from

AD 2021-14-17 to be $7,650 (90 work-hours x $85 per work-hour). The FAA
has determined that revising the existing maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate.
    The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2021-14-17, Amendment 39-21644
(86 FR 37891, July 19, 2021); and
0
b. Adding the following new AD:

2022-09-11 Airbus SAS: Amendment 39-22031; Docket No. FAA-2022-0089;
Project Identifier MCAI-2021-01027-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 21, 2022.

(b) Affected ADs

    This AD replaces AD 2021-14-17, Amendment 39-21644 (86 FR 37891,
July 19, 2021) (AD 2021-14-17).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 30, 2021.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With No
Changes

    This paragraph restates the requirements of paragraph (g) of AD
2021-14-17, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before May 29, 2020: Except as specified
in paragraph (h) of this AD, comply with all required actions and
compliance times specified in, and in accordance with, European
Union Aviation Safety Agency (EASA) AD 2020-0210, dated October 5,
2020 (EASA AD 2020-0210). Accomplishing the revision of the existing
maintenance or inspection program required by paragraph (j) of this
AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0210, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2021-14-17, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before May 29, 2020:
    (1) Where EASA AD 2020-0210 refers to its effective date, this
AD requires using August 23, 2021 (the effective date of AD 2021-14-
17).
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0210 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2020-0210 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after August 23, 2021 (the effective
date of AD 2021-14-17).
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2020-0210 is at the ``applicable thresholds''
as incorporated by the requirements of paragraph (3) of EASA AD
2020-0210, or within 90 days after August 23, 2021 (the effective
date of AD 2021-14-17), whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0210 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2020-0210 does not apply
to this AD.

(i) Retained Provisions for Alternative Actions or Intervals, With a
New Exception

    This paragraph restates the requirements of paragraph (i) of AD
2021-14-17, with a new exception. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before May 29, 2020: Except as required
by paragraph (j) of this AD, after the existing maintenance or
inspection program has been revised as required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) or intervals are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2020-0210.

(j) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0207, dated September 15, 2021 (EASA
AD 2021-0207). Accomplishing the revision of the existing
maintenance or inspection program required by this paragraph
terminates the requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2021-0207

    (1) Where EASA AD 2021-0207 refers to its effective date, this
AD requires using the effective date of this AD.

    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0207 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0207 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0207 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (3)
of EASA AD 2021-0207, or within 90 days after the effective date of
this AD, whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0207 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0207 does not apply
to this AD.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2021-0207.

(m) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (n) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.

(n) Related Information

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

(o) 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
June 21, 2022.
    (i) European Union Aviation Safety Agency AD 2021-0207, dated
September 15, 2021.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
August 23, 2021 (86 FR 37891, July 19, 2021).
    (i) European Union Aviation Safety Agency AD 2020-0210, dated
October 5, 2020.
    (ii) [Reserved]
    (5) For EASA ADs 2020-0210 and 2021-0207, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; Internet www.easa.europa.eu. You may find
these EASA ADs on the EASA website at https://ad.easa.europa.eu.
    (6) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (7) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 20, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-10524 Filed 5-16-22; 8:45 am]
BILLING CODE 4910-13-P