[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Rules and Regulations]
[Pages 67545-67547]
[FR Doc No: 2022-24310]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0986; Project Identifier MCAI-2021-01440-T;
Amendment 39-22201; AD 2022-21-02]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2000-20-
15, which applied to certain Airbus SAS Model A300 and A300-600 series
airplanes. AD 2000-20-15 required a high frequency eddy current (HFEC)
inspection to detect cracking of the rear fittings of fuselage frame
FR40 at stringer 27, and repetitive inspections or repair, as
applicable. In lieu of accomplishing the repetitive inspections, AD
2000-20-15 provided a modification that would allow the inspection to
be deferred for a certain period of time. This AD was prompted by
cracking of the rear fittings of fuselage frame FR40 at stringer 27,
and a determination that reduced compliance times are necessary. This
AD removes airplanes from the applicability, and continues to require
the actions in AD 2000-20-15, but at reduced compliance times, 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 December 14, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 14,
2022.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0986; 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.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this IBR material on the EASA website at 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
regulations.gov under Docket No. FAA-2022-0986.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large

Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2000-20-15, Amendment 39-11926 (65 FR
60349, October 11, 2000) (AD 2000-20-15). AD 2000-20-15 applied to
certain Airbus SAS Model A300 and A300-600 series airplanes. AD 2000-
20-15 required a HFEC inspection to detect cracking of the rear
fittings of fuselage frame FR40 at stringer 27, and repetitive
inspections or repair, as applicable. In lieu of accomplishing the
repetitive inspections, AD 2000-20-15 provides a modification that
would allow the inspection to be deferred for a certain period of time.
The FAA issued AD 2000-20-15 to address fatigue cracking of the rear
fittings of fuselage frame FR40 at stringer 27, which could result in
reduced structural integrity of the airplane.
    The NPRM published in the Federal Register on August 2, 2022 (87 FR
47144). The NPRM was prompted by EASA AD 2021-0288, dated December 21,
2021, issued by the European Union Aviation Safety Agency (referred to
after this as the MCAI). The MCAI states that cracking of the rear
fittings of fuselage frame FR40 at stringer 27 was found, and a
determination made that reduced compliance times are necessary.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-0986.
    In the NPRM, the FAA proposed to continue to require the actions in
AD 2000-20-15, but at reduced compliance times, as specified in EASA AD
2021-0288, dated December 21, 2021. The NPRM also proposed to remove
airplanes from the applicability, as specified in EASA AD 2021-0288.
The FAA is issuing this AD to address the unsafe condition on these
products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,
International (ALPA), and FedEx Express, who supported the NPRM without
change.

Conclusion

    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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment[s] received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0288 specifies procedures for repetitive inspections
of the rear fittings of fuselage frame FR40 at stringer 27 for
cracking, and repair of any cracking. 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 67 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                            Cost per
            Action                     Labor cost          Parts cost        product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspection....................  6 work-hours x $85 per               $0            $510  $34,170, per inspection
                                 hour = $510.                                             cycle.
----------------------------------------------------------------------------------------------------------------

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
31 work-hours x $85 per hour = $2,635.            $132           $2,767
------------------------------------------------------------------------

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 2000-20-15, Amendment 39-11926
(65 FR 60349, October 11, 2000) (AD 2000-20-15); and
0
b. Adding the following new airworthiness directive:

2022-21-02 Airbus SAS: Amendment 39-22201; Docket No. FAA-2022-0986;
Project Identifier MCAI-2021-01440-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 14,
2022.

(b) Affected ADs

    This AD replaces AD 2000-20-15, Amendment 39-11926 (65 FR 60349,
October 11, 2000) (AD 2000-20-15).

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, as
specified in European Union Aviation Safety Agency (EASA) AD 2021-
0288, dated December 21, 2021 (EASA AD 2021-0288).
    (1) Model A300 B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203
airplanes.
    (2) Model A300 B4-603 and B4-622 airplanes.
    (3) Model A300 B4-605R and B4-622R airplanes.
    (4) Model A300 F4-605R airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by cracking of the rear fittings of
fuselage frame FR40 at stringer 27, and a determination that reduced
compliance times are necessary. The FAA is issuing this AD to
address fatigue cracking of the rear fittings of fuselage frame FR40
at stringer 27, which could result in reduced structural integrity
of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0288.

(h) Exceptions to EASA AD 2021-0288

    (1) Where paragraph (1) of EASA AD 2021-0288 specifies, for
certain conditions, using the compliance time and repetitive
intervals ``in the applicable SB,'' and where ``the applicable SB''
specifies that the ``1st inspection will be done within [a specified
number of flight cycles] after receipt of the Service Bulletin,''
this AD requires compliance within the specified number of flight
cycles after the effective date of this AD.
    (2) Where EASA AD 2021-0288 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2021-0288 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0288
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Additional FAA 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) of this
AD. Information may be emailed to: [email protected].
    (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.

(k) Additional Information

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

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
December 14, 2022.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0288,
dated December 21, 2021.
    (ii) [Reserved]
    (4) For EASA AD 2021-0288, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (5) 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>.
    (6) 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 28, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24310 Filed 11-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 10, 2010 (Volume 75, Number 175)]
[Notices]
[Page 55341-55342]
[DOCID:fr10se10-68]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2010-0055]

Recovery Policy, RP 9523.6, Mutual Aid Agreements for Public
Assistance and Fire Management Assistance

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on Recovery Policy, RP 9523.6, Mutual Aid Agreements for
Public Assistance and Fire Management Assistance. This is an existing
policy that is scheduled for review to ensure that Recovery Directorate
policies are up to date, incorporate lessons learned and are consistent
with current laws and regulations. The purpose of this proposed policy
is to define the eligible costs incurred through mutual aid agreements
and remove the unintended restriction on permanent work. The previous
policy limited reimbursement for mutual aid costs to emergency work.

DATES: Comments must be received by October 12, 2010.

ADDRESSES: Comments must be identified by docket ID FEMA-2010-0055 and
may be submitted by one of the following methods:
    Federal eRulmaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. Please note that this proposed
policy is not a rulemaking and the Federal Rulemaking Portal is being
utilized only as a mechanism for receiving comments.
    Mail: Docket Manager, Office of Chief Counsel, Federal Emergency
Management Agency, Room 835, 500 C Street, SW., Washington, DC 20472-
3100.

FOR FURTHER INFORMATION CONTACT: Yolanda Gaston, Public Assistance
Division, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472-3100<EMAIL_ADDRESS>(202) 646-4543.

SUPPLEMENTARY INFORMATION

I. Public Participation

    Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice, which can be viewed by clicking on the ``Privacy Notice'' link
in the footer of http://www.regulations.gov.
    You may submit your comments and material by the methods specified
in the ADDRESESSES section above. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
    Docket: The proposed policy is available in docket ID FEMA-2010-
0055. For access to the docket to read background documents or comments
received, go to the Federal eRulemaking Portal at http://
www.regulations.gov and search for the docket ID. Submitted comments
may also be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C
Street, SW., Washington, DC 20472-3100.

II. Background

    The purpose of this policy is to describe the criteria the Federal
Emergency Management Agency (FEMA) will use to determine eligibility of
costs under the Public Assistance (PA) Program incurred through mutual
aid agreements between applicants and other entities after major
disasters and emergencies declared by the President pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act.
    This policy was previously issued on August 13, 2007. The previous
version indicated that mutual aid costs for permanent work was not
eligible for Public Assistance funding. The significant change to the
proposed policy is the allowance of mutual aid for permanent work. The
primary reason of the limitation of mutual aid costs to emergency work
is the assumption that mutual aid is provided for assistance with
emergency work only. The intent of the policy was not to make emergency
power restoration through

permanent repairs performed through mutual aid ineligible for Public
Assistance funding. Further there is no restriction in FEMA regulations
on mutual aid assistance for permanent work.
    FEMA seeks comment on the proposed policy, which is available
online at http://www.regulations.gov in docket ID FEMA-2010-0055. Based
on the comments received, FEMA may make appropriate revisions to the
proposed policy. Although FEMA will consider any comments received in
the drafting of the final policy, FEMA will not provide a response to
comments document. When or if FEMA issues a final policy, FEMA will
publish a notice of availability in the Federal Register and make the
final policy available at http://www.regulations.gov.

    Authority:  42 U.S.C. 5121-5207; 44 CFR part 206.

    Dated: August 31, 2010.
David J. Kaufman,
Director, Office of Policy and Program Analysis, Federal Emergency
Management Agency.
[FR Doc. 2010-22585 Filed 9-9-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Notices]
[Pages 33763-33764]
[FR Doc No: 2014-13637]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-E-1233]

Determination of Regulatory Review Period for Purposes of Patent
Extension; Zuprevo

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for ZUPREVO and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of an application to the Director of the U.S.
Patent and Trademark Office (USPTO), Department of Commerce, for the
extension of a patent which claims that animal drug product.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written petitions (two copies are required) and written comments
to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
Submit petitions electronically to http://www.regulations.gov at Docket
No. FDA-2013-S-0610.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of
Management, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6257, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Pub. L. 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was marketed. Under these acts, a
product's regulatory review period forms the basis for determining the
amount of extension an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For animal drug products, the
testing phase begins on the earlier date when either a major
environmental effects test was initiated for the drug or when an
exemption under section 512(j) of the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C. 360b(j)) became effective and runs until
the approval phase begins. The approval phase starts with the initial
submission of an application to market the animal drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for an animal
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(4)(B).
    FDA has approved for marketing the animal drug product ZUPREVO
(tildipirosin). ZUPREVO is an animal drug product indicated for the
treatment of bovine respiratory disease (BRD) associated with
Mannheimia haemolytica, Pasteurella multocida, and Histophilus somni in
beef and non-lactating dairy cattle at high risk of developing BRD
associated with M. haemolytica, P. multocida, and H. somni. Subsequent
to this approval, USPTO received a patent term restoration application
for ZUPREVO (U.S. Patent No. 6,514,946) from Koueki Zaidan Hojin
Biseibutsu Kagaku Kenkyu Kai, and USPTO requested FDA's assistance in
determining this patent's eligibility for patent term restoration. In a
letter dated February 19, 2013, FDA advised USPTO that this animal drug
product had undergone a regulatory review period and that the approval
of ZUPREVO represented the first permitted commercial marketing or use
of the product. Thereafter, USPTO requested that FDA determine the
product's regulatory review period.
    FDA has determined that the applicable regulatory review period for
ZUPREVO is 2,903 days. Of this time, 2,842 days occurred during the
testing phase of the regulatory review period, while 61 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: June 4, 2004. The applicant claims March 8, 2004, as the
date the investigational new animal drug application (INAD) became
effective. However, FDA records indicate that the INAD effective date
was June 4, 2004, which was the date a major health or environmental
effects test is begun or the date on which the Agency acknowledges the
filing of a notice of claimed investigational exemption for a new
animal drug, whichever is earlier.
    2. The date the application was initially submitted with respect to
the animal drug product under section 512 of the FD&C Act (21 U.S.C.
360b): March 15, 2012. The applicant claims March 14, 2012, as the date
the new animal drug application (NADA) for ZUPREVO (NADA 141-334) was
initially submitted. However, FDA records indicate that NADA 141-334
was submitted on March 15, 2012.
    3. The date the application was approved: May 14, 2012. FDA has
verified the applicant's claim that NADA 141-334 was approved on May
14, 2012.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, USPTO applies
several statutory limitations in its calculations of the actual period
for patent extension. In its application for patent extension, this
applicant seeks 1,524 days of patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) either electronic or written comments and ask for a
redetermination by August 11, 2014. Furthermore, any interested person
may petition FDA for a determination regarding whether the applicant
for extension acted with due diligence during the regulatory review
period by December 9, 2014. To meet its burden, the petition must
contain sufficient facts to merit an FDA investigation. (See H. Rept.
857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should
be in the format specified in 21 CFR 10.30.
    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments and written or
electronic petitions. It is only necessary to send one set of comments.
Identify comments with the docket number found in brackets in the
heading of this document. If you submit a written petition, two copies
are required. A petition submitted electronically must be submitted to
http://www.regulations.gov, Docket No. FDA-2013-S-0610. Comments and
petitions that have not been made publicly available on http://www.regulations.gov may be viewed in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: June 5, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-13637 Filed 6-11-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Notices]
[Page 1373-1375]
[DOCID:fr08ja08-88]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57074; File No. SR-FINRA-2007-027]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change Relating to Revisions to the Series 23 Examination
Program

December 31, 2007.
    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 December 12, 2007, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared substantially by
FINRA. FINRA has designated this proposal as constituting a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule of the self-
regulatory organization pursuant to section 19(b)(3)(A)(i) of the Act
\3\ and Rule 19b-4(f)(1) thereunder,\4\ 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is filing revisions to the study outline and selection
specifications for the General Securities Principal Sales Supervisor
Module (Series 23) examination program.\5\ The proposed revisions
update the material to reflect changes to the laws, rules and
regulations covered by the examination and to better reflect the duties
and responsibilities of individuals taking the examination. FINRA is
not proposing any textual changes to the By-Laws, Schedules to the By-
Laws, or Rules of FINRA.
---------------------------------------------------------------------------

    \5\ FINRA also is proposing corresponding revisions to the
Series 23 question bank, but based upon instruction from the
Commission staff, FINRA is submitting SR-FINRA-2007-027 for
immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act
and Rule 19b-4(f)(1) thereunder, and is not filing the question bank
for Commission review. See Letter to Alden S. Adkins, Senior Vice
President and General Counsel, NASD Regulation, from Belinda Blaine,
Associate Director, Division of Market Regulation, SEC, dated July
24, 2000, attached as Exhibit 3c to the proposed rule change. The
question bank is available for Commission review.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at http://www.finra.org
, the principal offices of FINRA, and the Commission's

Public Reference Room. The Series 23 selection specifications have been
submitted to the Commission under separate cover with a request for
confidential treatment pursuant to Rule 24b-2 under the Act.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 240.24b-2.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    Section 15A(g)(3) of the Act \7\ requires FINRA to prescribe
standards of training, experience, and competence for persons
associated with FINRA members. In accordance with that provision, FINRA
has developed examinations, and administers examinations developed by
other self-regulatory organizations, that are designed to establish
that persons associated with FINRA members have attained specified
levels of competence and knowledge. FINRA periodically reviews the
content of the examinations to determine whether revisions are
necessary or appropriate in view of changes pertaining to the subject
matter covered by the examinations.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78o-3(g)(3).
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    The Series 23 examination is a limited qualification examination
that tests a candidate's knowledge of securities industry rules and
regulations pertaining to the supervision of investment banking,
securities markets and trading as well as financial responsibility
requirements. The Series 23 examination, in combination with the
General Securities Sales Supervisor (Series 9/10) examination, is an
acceptable qualification alternative to the General Securities
Principal (Series 24) examination for associated persons who are
required to register and qualify as a General Securities Principal with
FINRA. The Series 23 examination covers material from the Series 24
examination not otherwise covered under the Series 9/10 examination.
    A committee of industry representatives, together with FINRA staff,
recently undertook a review of the Series 23 examination program. As a
result of this review, FINRA is proposing to make revisions to the
study outline to reflect changes to the laws, rules and regulations
covered by the examination and to better reflect the duties and
responsibilities of individuals taking the examination.
    Among other revisions, FINRA is proposing to revise the references
to the FINRA and The NASDAQ Stock Market LLC (``NASDAQ'') rules in the
study outline to reflect NASDAQ's separation from FINRA (then known as
NASD). In addition, FINRA is proposing to add sections on SEC
Regulation M-A (Mergers and Acquisitions), SEC Regulation S-K, SEC
Regulation S-X, SEC Regulation NMS, SEC Regulation SHO, the Sarbanes-
Oxley Act, SEC Rule 3a4-1 (Associated Persons of an Issuer Deemed Not
to Be Brokers), SEC Rule 405 (Definitions of Terms), the NASDAQ Initial
Public Offering Process (NASDAQ Head Trader Alert 2005-096) and NYSE
Rule 392 (Notification Requirements for Offerings of Listed
Securities). FINRA also is proposing to add sections on NASD IM-2110-7
(Interfering With the Transfer of Customer Accounts in the Context of
Employment Disputes) and IM-2210-6 (Requirements for the Use of
Investment Analysis Tools), as well as on NASD Rules 2111 (Trading
Ahead of Customer Market Orders), 2290 (Fairness Opinions), 2370
(Borrowing From or Lending to Customers), 2441 (Net Transactions with
Customers) and 5110 (Transactions Related to Initial Public Offerings).
    FINRA is proposing to change the title of section 1 of the study
outline from ``Supervision of Investment Banking Activities'' to
``Supervision of Investment Banking, Underwriting Activities and
Research'' and the title of section 4 from ``Sales Supervision; General
Supervision of Employees; Regulatory Framework of NASD'' to ``Sales
Supervision and General Supervision of Employees.'' Further, as a
result of the revisions discussed above, the number of questions on
each section of the study outline were modified as follows: Supervision
of Investment Banking, Underwriting Activities and Research, increased
from 25 to 30 questions; Supervision of Trading and Market Making
Activities, decreased from 29 to 24 questions; Supervision of Brokerage
Office Operations, decreased from 16 to 12 questions; Sales Supervision
and General Supervision of Employees, increased from 19 to 23
questions; and Compliance with Financial Responsibility Rules, no
changes to the number of questions (remains at 11 questions).
    FINRA is proposing similar changes to the Series 23 selection
specifications and question bank. The number of questions on the Series
23 examination will remain at 100, and candidates will continue to have
2\1/2\ hours to complete the exam. Also, each question will continue to
count one point, and each candidate must correctly answer 70 percent of
the questions to receive a passing grade.
2. Statutory Basis
    FINRA believes that the proposed revisions to the Series 23
examination program are consistent with the provisions of sections
15A(b)(6) \8\ and 15A(g)(3) of the Act,\9\ which authorize FINRA to
prescribe standards of training, experience, and competence for persons
associated with FINRA members.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(b)(6).
    \9\ 15 U.S.C. 78o-3(g)(3).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    The proposed rule change has become effective pursuant to section
19(b)(3)(A)(i) of the Act \10\ and Rule 19b-4(f)(1) thereunder,\11\ in
that the proposed rule change constitutes a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing rule of the self-regulatory organization.
FINRA proposes to implement the revised Series 23 examination program
on February 12, 2008. FINRA will announce the implementation date in a
Regulatory Notice to be published on December 12, 2007, the date FINRA
filed SR-FINRA-2007-27 with the Commission.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(i).
    \11\ 17 CFR 240.19b-4(f)(1).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File

Number SR-FINRA-2007-027 on the subject line.

Paper Comments:

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

    All submissions should refer to File Number SR-FINRA-2007-027. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. 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-FINRA-2007-027 and should be
submitted on or before January 29, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-88 Filed 1-7-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Proposed Rules]
[Pages 38309-38311]
[FR Doc No: 2022-13614]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0571; Airspace Docket No. 22-ANM-46]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Christmas Valley
Airport, OR

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface at Christmas Valley Airport, OR.
These actions will support the airport's transition from visual flight
rules (VFR) to instrument flight rules (IFR) at the airport.

DATES: Comments must be received on or before August 12, 2022.

ADDRESSES: Send comments on this proposal to the U.S. DOT, Docket
Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room

W12-140, Washington, DC 20590; telephone:<PHONE_NUMBER>, or (202) 366-
9826. You must identify ``FAA Docket No. FAA-2022-0571; Airspace Docket
No. 22-ANM-46,'' at the beginning of your comments. You may also submit
comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Nathan A. Chaffman, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code (U.S.C.) 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. This rulemaking is promulgated under the authority
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority, as it would establish Class E airspace at Christmas Valley
Airport, OR, to support IFR operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2022-0571;
Airspace Docket No. 22-ANM-46.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, dated August
10, 2021, and effective September 15, 2021. FAA Order JO 7400.11F is
publicly available as listed in the ADDRESSES section of this document.
FAA Order JO 7400.11F lists Class A, B, C, D, and E airspace areas, air
traffic service routes, and reporting points.

The Proposal

    Class E airspace beginning at 700 feet above the surface should be
established at Christmas Valley Airport to contain departing aircraft
until reaching 1,200 feet above the surface, and arriving aircraft
below 1,500 feet above the surface. The proposed airspace is centered
on the Christmas Valley Airport reference point, with a 14 nautical
mile (NM) radius to account for rising terrain in the vicinity of the
airport.
    The Class E5 airspace designation is published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designation listed in this document will be published
subsequently in FAA Order JO 7400.11, which is published annually and
becomes effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT regulatory policies and procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule--when promulgated--would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F,

Airspace Designations and Reporting Points, dated August 10, 2021, and
effective September 15, 2021, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM OR E Christmas Valley, OR [New]

Christmas Valley Airport, OR
    (Lat. 43[deg]14'11'' N, long. 120[deg]39'53'' W)
    That airspace extending upward from 700 feet above the surface
within a 14-mile radius of the Christmas Valley Airport.

    Issued in Des Moines, Washington, on June 21, 2022.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2022-13614 Filed 6-27-22; 8:45 am]
BILLING CODE 4910-13-P