[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7765-7767]
[FR Doc No: 2022-02723]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0098; Project Identifier MCAI-2021-01084-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by a report indicating that on the A350 final
assembly line (FAL), certain load sensing drive struts (LSDS) and drive
struts (DS) were found not adjusted (the nut was not torqued) and not
locked. Investigation revealed that the LSDS and DS had been changed as
re-work action due to pre-installation damage, but production
operations (adjustment and locking) were not done afterwards. This
proposed AD would require, for certain airplanes, inspection of the
LSDS for correct adjustment and locking, and replacement if necessary,
and, for certain other airplanes, replacement of each affected DS with
a serviceable part, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is proposed for incorporation by reference. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by March 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 material that will be 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 IBR 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-2022-0098.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0098; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

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:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0098; Project Identifier
MCAI-2021-01084-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax

206-231-3225; email [email protected]. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0220, dated October 1, 2021
(EASA AD 2021-0220), to correct an unsafe condition for certain Airbus
SAS Model A350-941 and -1041 airplanes.
    This proposed AD was prompted by a report indicating that on the
A350 FAL, LSDS track 1 and DS track 2 were found not adjusted (the nut
was not torqued) and not locked. Investigation revealed that the LSDS
and DS had been changed as re-work action due to pre-installation
damage, but production operations (adjustment and locking) were not
done afterwards. The FAA is proposing this AD to prevent degradation of
the load-carrying capability of an LSDS or DS, which could result in
the in-flight detachment of a flap, resulting in structural damage and
reduced controllability of the airplane. See the MCAI for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0220 describes procedures for a detailed inspection of
the LSDS for correct adjustment and locking, and replacement of the
LSDS if any discrepancy (movement of either nut) is found, for
airplanes in Configurations 1 through 4. The service information also
describes procedures for replacement of each affected DS with a
serviceable part, for airplanes in Configurations 5 and 6. 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.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0220 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0220 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0220 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0220 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0220. Service information required by EASA AD 2021-0220 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0098 after the FAA final rule is
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 6 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
LSDS inspection: Up to 14              $0.....................  $Up to $1,190..........  Up to $7,140 (6
 work[dash]hours x $85 per hour = Up                                                      airplanes).
 to $1,190.
DS replacement: Up to 11 work-hours x  $Up to 84,470..........  Up to $85,405..........  Up to $85,405 (1
 $85 per hour = Up to $935.                                                               airplane).
----------------------------------------------------------------------------------------------------------------

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

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 10 work-hours (2 per LSDS) x $85     Up to $76,173.....................  Up to $77,023.
 per hour = Up to $850.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.

    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2022-0098; Project Identifier MCAI-2021-
01084-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by March 28, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2021-0220, dated October 1,
2021 (EASA AD 2021-0220).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by a report indicating that on the A350
final assembly line (FAL), certain load sensing drive struts (LSDS)
and drive struts (DS) were found not adjusted (the nut was not
torqued) and not locked. Investigation revealed that the LSDS and DS
had been changed as re-work action due to pre-installation damage,
but production operations (adjustment and locking) were not done
afterwards. The FAA is issuing this AD to prevent degradation of the
load-carrying capability of an LSDS or DS, which could result in the
in-flight detachment of a flap, resulting in structural damage and
reduced controllability of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0220.

(h) Exceptions to EASA AD 2021-0220

    (1) Where EASA AD 2021-0220 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2021-0220 refers to a
``discrepancy, as defined in the SB,'' this AD defines a discrepancy
as movement of either nut.
    (3) The ``Remarks'' section of EASA AD 2021-0220 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0220
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) 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 (k)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
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.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2021-0220 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 EASA AD 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>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0098.
    (2) 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].

    Issued on February 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02723 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Pages 58555-58556]
[FR Doc No: 2011-24173]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65341; File No. SR-NYSEAmex-2011-68]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing of
Proposed Rule Change Relating to the Messages to Contracts Traded Ratio
Fee in the Options Fee Schedule

September 14, 2011.
    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 September 1, 2011, NYSE Amex LLC (the ``Exchange'' or ``NYSE Amex'')
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 self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Options Fee Schedule (the
``Schedule'') by adjusting the message ratio used to calculate the
Messages to Contracts Traded Ratio Fee (``Messages Fee''). Changes to
the Schedule are shown in Exhibit 5. The text of the proposed rule
change is available at the Exchange, the Commission's Public Reference
Room, and http://www.nyse.com.

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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Schedule by adjusting the
message ratio used to calculate the Messages Fee.
    The Exchange recently adopted the Messages Fee to help encourage
efficient usage of systems capacity by all ATP firms.\3\ The Exchange
believes that it is in the best interests of all ATP firms and
investors who access our markets to encourage efficient usage of
capacity.
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    \3\ See Securities Exchange Act Release No. 64655 (June 13,
2011), 76 FR 35495 (June 17, 2011) (SR-NYSEAmex-2011-37).
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    The Messages Fee takes into consideration quotes as well as orders
entered and looks at the number of contracts traded as a result. ATP
firms that enter excessive amounts of orders and quotes that produce
little or no volume are assessed the Messages Fee based on the ratio of
quotes and orders to contracts traded. The Messages Fee is only
assessed against ATP firms who exceed one billion quotes and/or orders
(collectively, ``messages'') in a given month in determining whether
inefficient utilization of systems capacity has occurred. For those ATP
firms exceeding one billion messages in a month, the Exchange currently
assesses a fee for those ATP firms that do not execute at least one
contract for every 1,500 messages entered. An ATP firm failing to meet
that execution ratio is charged $.01 for every 1,000 messages in excess
of one billion messages.
    The Exchange proposes to amend the message ratio in the Schedule to
reflect a range, namely one contract for every 1,500 to 3,000 messages
entered. Under the proposal, the Exchange would be permitted to select
the precise number of messages within that range that would be used to
calculate the Messages Fees. Any change to the number of messages to be
used in setting the Messages Fee would be announced in an Information
Memo at least one business day in advance of its implementation and
would be applicable in the next calendar month and thereafter until
changed. The fee would not be changed mid-month. Thus, for example, if
the Exchange determined to change the message ratio as of September 1,
2011, the Exchange would announce the newly selected ratio in an
Information Memo not later than August 31, 2011 and that ratio would
apply in September 2011 and each succeeding month until changed in
accordance with the notice described above. Under the proposed rule
change, the Exchange also would be authorized to exclude one or more
days of data for purposes of calculating the Messages Fee for an ATP
firm if the Exchange determined, in its sole discretion, that one or
more ATP Firms or the Exchange was experiencing a bona fide systems
problem.\4\ Any ATP Firm seeking relief as a result of a systems
problem will be required to notify the Exchange via e-mail with a
description of the systems problem. The Exchange shall keep a record of
all such requests and whether the request was deemed by the Exchange to
be a bona fide systems problem resulting in waiving that day's activity
from the calculation of the Messages Fee.
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    \4\ Examples of bona fide systems problems include, but are not
limited to, an erroneous input (such as an error related to
volatility or underlying price) that cause the generation of quotes
that are substantially away from the quoted national best bid and
offer; or an Exchange systems problem that causes an ATP firm to
continually attempt to update or withdraw its quotes, generating a
large volume of message traffic. In those cases, where the bona fide
systems problem is at the Exchange, the Exchange will exclude that
day's activity from the calculation of the Messages Fee for all ATP
firms that were impacted by such bona fide systems problem.

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    Since implementing the Messages Fee on June 1, 2011, the Exchange
has heard from several liquidity providers who raised concerns about
the potential for inadvertently incurring a large Messages Fee as a
result of a systems problem. Further, several liquidity providers
indicated that, as month end approached, they were providing less
aggressive liquidity to avoid any possibility of incurring the Messages
Fee, particularly when markets are volatile.
    After considering recent market conditions, the Exchange believes
that the current ratio of 1,500 messages may not be sufficiently
flexible and could inadvertently result in higher than anticipated fees
being charged to ATP firms that are providing liquidity in volatile,
high volume markets. The Exchange does not want to discourage such
liquidity provision and believes that it should be able to adjust the
message ratio on a monthly basis within the proposed fixed range of
1,500 to 3,000 messages with the notice described above.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) \5\ of the Securities Exchange Act
of 1934 (the ``Act''), in general, and Section 6(b)(4) \6\ of the Act,
in particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The Exchange also
believes that the proposed rule change furthers the objectives of
Section 6(b)(5) \7\ of the Act in that it is designed to promote just
and equitable principles of trade, remove impediments to and perfect
the mechanisms of a free and open market and a national market system
and, in general, to protect investors and the public interest by
ensuring that systems capacity is utilized efficiently while still
encouraging the provision of liquidity in volatile, high volume
markets.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f(b)(5).
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    The proposed Messages Fee is equitable and not unfairly
discriminatory because it will apply equally to all members who send
quotes and/or orders. Additionally, the proposed Messages Fee is
reasonable and justified because it will encourage efficient
utilization of system bandwidth; unfettered growth in bandwidth
consumption can have a detrimental effect on all participants who are
potentially compelled to upgrade capacity as a result of the bandwidth
usage of other participants.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE Arca [sic].
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
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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.

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-NYSEAmex-2011-68 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-NYSEAmex-2011-68. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for website
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NW., Washington, D.C. 20549, on official business days between
the hours of 10 a.m. and 3 p.m. The text of the proposed rule change is
available on the Commission's Web site at http://www.sec.gov. Copies of
such 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-NYSEAmex-2011-68 and should be submitted on or before
October 12, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-24173 Filed 9-20-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Notices]
[Page 79502]
[FR Doc No: 2020-27165]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3548-EM; Docket ID FEMA-2020-0001]

Mississippi; Emergency 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 an
emergency for the State of Mississippi (FEMA-3548-EM), dated October 8,
2020, and related determinations.

DATES: The declaration was issued October 8, 2020.

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 October 8, 2020, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the State of Mississippi resulting from Hurricane Delta beginning
on October 7, 2020, and continuing, are of sufficient severity and
magnitude to warrant an emergency 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
an emergency exists in the State of Mississippi.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide Public Assistance Category B emergency
protective measures, including direct Federal assistance in selected
areas and Public Assistance Category B emergency protective
measures, limited to direct Federal assistance in the other
designated areas.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. 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 emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Brett H.
Howard, of FEMA is appointed to act as the Federal Coordinating Officer
for this declared emergency.
    The following areas of the State of Mississippi have been
designated as adversely affected by this declared emergency:

    Emergency protective measures (Category B), including direct
Federal assistance, under the Public Assistance program for Hancock,
Harrison, and Wilkinson Counties.
    Emergency protective measures (Category B), limited to direct
Federal assistance, under the Public Assistance program for Adams,
Amite, Claiborne, Copiah, Forrest, Franklin, George, Hinds,
Humphreys, Issaquena, Jackson, Jefferson, Jefferson Davis, Lawrence,
Lincoln, Madison, Marion, Pearl River, Pike, Rankin, Sharkey,
Simpson, Stone, Walthall, Warren, and Yazoo Counties.

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,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-27165 Filed 12-9-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: December 11, 2008 (Volume 73, Number 239)]
[Notices]
[Page 75439-75440]
[DOCID:fr11de08-76]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0025] (formerly Docket No. 2007D-0083)

Guidance for Industry and the Food and Drug Administration;
Modifications to Devices Subject to Premarket Approval--the Premarket
Approval Supplement Decisionmaking Process; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the guidance entitled ``Modifications to Devices
Subject to Premarket Approval (PMA)--the PMA Supplement Decision-Making
Process.'' The purpose of this guidance is to help industry determine
the type of regulatory submission that may be required when a device
subject to PMA is modified.

DATES: Submit written or electronic comments on this guidance at any
time. General comments on agency guidance documents are welcome at any
time.

ADDRESSES: Submit written requests for single copies of the guidance
document entitled ``Modifications to Devices Subject to Premarket
Approval (PMA)--the PMA Supplement Decision-Making Process,'' to the
Division of Small Manufacturers, International, and Consumer Assistance
(HFZ-220), Center for Devices and Radiological Health (CDRH), Food and
Drug Administration, 1350 Piccard Dr., Rockville, MD 20850; or to the
Office of Communication, Training, and Manufacturers Assistance (HFM-
40), Center for Biologics Evaluation and Research (CBER), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448. Send one self-addressed adhesive label to assist that office in
processing your request, or fax your request to CDRH at<PHONE_NUMBER>.
The guidance document may also be obtained by mail by calling CBER at
1-800-835-4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY INFORMATION
section for information on electronic access to the guidance.
    Submit written comments concerning this guidance to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.regulations.gov. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Nicole Wolanski, Center for Devices
and Radiological Health (HFZ-402), Food and Drug Administration, 9200
Corporate Blvd., Rockville, MD 20850,<PHONE_NUMBER>; or Stephen Ripley,
Center for Biologics Evaluation and Research (HFM-17), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA developed this guidance to address modifications to devices
subject to PMA applications, including changes to device design, device
labeling, and the device manufacturing process. This guidance also can
be applied when a legally marketed class III device is the subject of a
recall or field corrective action and the manufacturer needs to change
the device to assure its safety and effectiveness.
    In the Federal Register of March 27, 2007 (72 FR 14282), FDA
invited interested persons to comment on its draft guidance document
entitled, ``Modifications to Devices Subject to Premarket Approval
(PMA)--the PMA Supplement Decision-Making Process.'' The five general
categories of comments received regarding the draft guidance are as
follows: (1) Requests for a clearer interpretation of the regulations
as to when a supplement is necessary (i.e., when a change to a device
impacts or could impact safety and/or effectiveness); (2) requests for
a detailed flowchart that would identify the type of supplement to be
submitted based on any specific change for any device; (3) requests for
specific definitions for some terms, such as ``substantial clinical
data,'' ``significant change,'' and ``limited confirmatory clinical
data;'' (4) requests for FDA to include 30-day supplements within the
scope of the guidance; and (5) requests for additional examples for
many supplement types, as well as for periodic reports. We considered
all of the comments and revised the guidance when appropriate.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
agency's current thinking on ``Modifications to Devices Subject to
Premarket Approval (PMA)--the PMA Supplement Decision-Making Process.''
It does not create or confer any rights for or on any person and does
not operate to bind FDA or the public. An alternative approach may be
used if such approach satisfies the requirements of the applicable
statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
using the Internet. To receive ``Modifications to Devices Subject to
Premarket Approval (PMA)--the PMA Supplement Decision-Making Process,''
you may either send an e-mail request to<EMAIL_ADDRESS>to receive
an electronic copy of the document or send a fax request to 240-276-
3151 to receive a hard copy. Please use the document number (1584) to
identify the guidance you are requesting.
    CDRH maintains an entry on the Internet for easy access to
information including text, graphics, and files that may be downloaded
to a personal computer with Internet access. Updated on a regular
basis, the CDRH home page includes device safety alerts, Federal
Register reprints, information on premarket submissions (including
lists of approved applications and manufacturers' addresses), small

manufacturer's assistance, information on video conferencing and
electronic submissions, Mammography Matters, and other device-oriented
information. The CDRH Web site may be accessed at http://www.fda.gov/
cdrh. A search capability for all CDRH guidance documents is available
at http://www.fda.gov/cdrh/guidance.html. Guidance documents are also
available on the CBER Internet site at http://www.fda.gov/cber/
guidelines.htm or on the Division of Dockets Management Internet site
at http://www.regulations.gov.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in 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 (the PRA) (44 U.S.C. 3501-
3520). The information collection provisions in 21 CFR part 814,
subpart B (Premarket Approval Applications (PMAs)) in this guidance
have been approved under OMB control number 0910-0231. This approval
expires November 30, 2010.

V. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

    Dated: December 5, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-29330 Filed 12-11-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Proposed Rules]
[Page 72011]
[FR Doc No: 2016-25161]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 /
Proposed Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0499; FRL-9954-19-Region 9]

Approval and Promulgation of Implementation Plan; California;
Calaveras County, Chico (Butte County), San Francisco Bay Area and San
Luis Obispo County (Eastern San Luis Obispo) Base Year Emission
Inventories for the 2008 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the California State Implementation Plan (SIP)
concerning the base year emission inventories (EIs) for four areas
designated as nonattainment areas for the 2008 ozone National Ambient
Air Quality Standards (2008 ozone NAAQS). The subject areas include
Calaveras County, Chico (Butte County), San Francisco Bay Area and San
Luis Obispo (Eastern San Luis Obispo). We are proposing to approve
these revisions under the Clean Air Act (CAA or the Act).

DATES: Any comments on this proposal must arrive by November 18, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0499 at http://www.regulations.gov, or via email to Nancy
Levin, Air Planning Office at<EMAIL_ADDRESS>For comments
submitted at Regulations.gov, follow the online instructions for
submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the Web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA. This proposal addresses base year EIs for the
Calaveras County, Chico (Butte County), San Francisco Bay Area and San
Luis Obispo (Eastern San Luis Obispo) 2008 ozone NAAQS nonattainment
areas. We are approving these base year EIs in a direct final action
without prior proposal because we believe these SIP revisions are not
controversial. If we receive adverse comments, however, we will publish
a timely withdrawal of the direct final rule and address the comments
in subsequent action based on this proposed rule. Please note that if
we receive adverse comment on a particular base year EI, we may adopt
as final those that are not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: September 28, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-25161 Filed 10-18-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Notices]
[Pages 84320-84321]
[FR Doc No: 2023-26663]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2023-0098; FRL-10582-07-OCSPP]

Certain New Chemicals or Significant New Uses; Statements of
Findings for October 2023

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Toxic Substances Control Act (TSCA) requires EPA to
publish in the Federal Register a statement of its findings after its
review of certain TSCA submissions when EPA makes a finding that a new
chemical substance or significant new use is not likely to present an
unreasonable risk of injury to health or the environment. Such
statements apply to premanufacture notices (PMNs), microbial commercial
activity notices (MCANs), and significant new use notices (SNUNs)
submitted to EPA under TSCA. This document presents statements of
findings made by EPA on such submissions during the period from October
1, 2023, to October 31, 2023.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2023-0098, is available online
at https://www.regulations.gov or in-person at the Office of Pollution
Prevention and Toxics Docket (OPPT Docket), Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public

Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. For the latest status information on EPA/DC
services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Rebecca Edelstein, New Chemical
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER> email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    This action provides information that is directed to the public in
general.

B. What action is the Agency taking?

    This document lists the statements of findings made by EPA after
review of submissions under TSCA section 5(a) that certain new chemical
substances or significant new uses are not likely to present an
unreasonable risk of injury to health or the environment. This document
presents statements of findings made by EPA during the reporting
period.

C. What is the Agency's authority for taking this action?

    TSCA section 5(a)(3) requires EPA to review a submission under TSCA
section 5(a) and make one of several specific findings pertaining to
whether the substance may present unreasonable risk of injury to health
or the environment. Among those potential findings is that the chemical
substance or significant new use is not likely to present an
unreasonable risk of injury to health or the environment per TSCA
Section 5(a)(3)(C).
    TSCA section 5(g) requires EPA to publish in the Federal Register a
statement of its findings after its review of a submission under TSCA
section 5(a) when EPA makes a finding that a new chemical substance or
significant new use is not likely to present an unreasonable risk of
injury to health or the environment. Such statements apply to PMNs,
MCANs, and SNUNs submitted to EPA under TSCA section 5.
    Anyone who plans to manufacture (which includes import) a new
chemical substance for a non-exempt commercial purpose and any
manufacturer or processor wishing to engage in a use of a chemical
substance designated by EPA as a significant new use must submit a
notice to EPA at least 90 days before commencing manufacture of the new
chemical substance or before engaging in the significant new use.
    The submitter of a notice to EPA for which EPA has made a finding
of ``not likely to present an unreasonable risk of injury to health or
the environment'' may commence manufacture of the chemical substance or
manufacture or processing for the significant new use notwithstanding
any remaining portion of the applicable review period.

D. Does this action have any incremental economic impacts or paperwork
burdens?

    No.

II. Statements of Findings Under TSCA Section 5(a)(3)(C)

    In this unit, EPA provides the following information (to the extent
that such information is not claimed as Confidential Business
Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this
period, EPA has made findings under TSCA section 5(a)(3)(C) that the
new chemical substances or significant new uses are not likely to
present an unreasonable risk of injury to health or the environment:
    The following list provides the EPA case number assigned to the
TSCA section 5(a) submission and the chemical identity (generic name if
the specific name is claimed as CBI).
     P-23-0012, Starch, polymer with alkenoic acid, salt
(Generic Name).
     P-23-0031, Glycerin, polyalkoxylated, mixed fatty acid and
alkyl diacid esters (Generic Name).
    To access EPA's decision document describing the basis of the ``not
likely to present an unreasonable risk'' finding made by EPA under TSCA
section 5(a)(3)(C), look up the specific case number at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/chemicals-determined-not-likely.
    Authority: 15 U.S.C. 2601 et seq.

    Dated: November 29, 2023.
Shari Z. Barash,
Acting Director, New Chemicals Division, Office of Pollution Prevention
and Toxics.
[FR Doc. 2023-26663 Filed 12-4-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 29, 2009 (Volume 74, Number 18)]
[Notices]
[Page 5155-5156]
[DOCID:fr29ja09-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-539-000]

Aspire Capital Management LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

January 22, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Aspire Capital Management LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal

Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426, in accordance with Rules 211 and 214 of the Commission's Rules
of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a
motion to intervene or protest must serve a copy of that document on
the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 11, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-1911 Filed 1-28-09; 8:45 am]

BILLING CODE 6717-01-P