[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]
[Page 64331-64333]
[DOCID:fr29oc08-63]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0513; FRL-8388-8]

Triclosan; Reregistration Eligibility Decision; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide triclosan, and opens a
public comment period on this document. The Agency's risk assessments
and other related documents also are available in the triclosan Docket.
Triclosan is regulated by both the U.S. EPA and the U.S. Food and Drug
Administration (FDA). The EPA regulates the antimicrobial uses of
triclosan when used as a bacteriostat, fungistat, mildewstat, and
deodorizer. EPA has reviewed triclosan through the public participation
process that the Agency uses to involve the public in developing
pesticide reregistration and tolerance reassessment decisions. Through
these programs as mentioned in Unit II.A. of the SUPPLEMENTARY
INFORMATION. EPA is ensuring that all pesticides meet current health
and safety standards.

DATES: Comments must be received on or before December 29, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0513, by one of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0513. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Heather Garvie, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address: garvie.heather @epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a RED for the pesticide, triclosan under section
4(g)(2)(A) of FIFRA. Triclosan is regulated by both EPA and the U.S.
Food and Drug Administration (FDA). EPA regulates the antimicrobial
uses of triclosan when used as a bacteriostat, fungistat, mildewistat,
and deodorizer. Triclosan is used in commercial, institutional and
industrial premises and equipment; residential and public access
premises; and as material preservative. Commercial, institutional and
industrial premises and equipment uses include conveyor belts, fire
hoses, dye bath vats and ice making equipment. As a material
preservative, triclosan is used in many products including adhesives,
fabrics, vinyl, plastics (toys, toothbrushes), polyethylene,
polyurethane, polypropylene, floor wax emulsions, textiles (footwear,
clothing), caulking compounds, sealants, rubber, and latex paints.
There are a multitude of residential and public access premises uses
including direction application to HVAC coils (limited to commercial
applicators), and use as a materials

preservative in toys, paints, mattresses, clothing, brooms, mulch,
floors, shower curtains, awnings, tents, toilet bowls, urinals, garbage
cans, refuse container liners, insulation, concrete mixtures, grouts,
and upholstery fabrics. The FDA-regulated uses include hand soaps,
toothpaste, deodorants, laundry detergent, fabric softeners, facial
tissues, antiseptics for wound care, and medical devices. Although
these uses are not regulated under pesticide law, EPA considered these
exposures in the aggregate risk assessment. EPA used population-based
biological monitoring data to assess the co-occurrence of uses to
develop an aggregate exposure assessment.
    EPA has determined that the data base to support reregistration is
substantially complete and that products containing triclosan are
eligible for reregistration provided the risks are mitigated either in
the manner described in the RED or by another means that achieves
equivalent risk reduction. Upon submission of any required product
specific data under section 4(g)(2)(B) of FIFRA and any necessary
changes to the registration and labeling (either to address concerns
identified in the RED or as a result of product specific data), EPA
will make a final reregistration decision under section 4(g)(2)(C) of
FIFRA for products containing triclosan.
    Although the triclosan RED was signed on September 18, 2008,
certain components of the document, which did not affect the final
regulatory decision, were undergoing final editing at that time. These
components, the appendices, have been added to the triclosan RED
document.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, triclosan was reviewed
through the modified 4-Phase process. Through this process, EPA worked
extensively with stakeholders and the public to reach the regulatory
decisions for triclosan.
    The reregistration program is being conducted under congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public. The Agency is issuing the
triclosan RED for public comment. This comment period is intended to
provide an additional opportunity for public input and a mechanism for
initiating any necessary amendments to the RED. All comments should be
submitted using the methods in ADDRESSES, and must be received by EPA
on or before the closing date. These comments will become part of the
Agency Docket for triclosan. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
    The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the
Docket and regulations.gov. If any comment significantly affects the
document, EPA also will publish an amendment to the RED in the Federal
Register. In the absence of substantive comments requiring changes, the
triclosan RED will be implemented as it is now presented.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA, as amended, directs that, after
submission of all data concerning a pesticide active ingredient, the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration, before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests, antimicrobials,
triclosan.

    Dated: October 23, 2008.
Joan Harrigan Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E8-25829 Filed 10-28-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Rules and Regulations]
[Pages 46201-46205]
[FR Doc No: 2015-18609]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0816; FRL-9931-29-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Consumer and Commercial Products and Mobile Equipment Repair
and Refinishing Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Virginia. This revision consists of amendments to Virginia's regulation
for consumer and commercial products in order to apply provisions
pertaining to portable fuel containers, consumer and commercial
products, architectural and industrial maintenance coatings, adhesives,
adhesive primers, sealants, and sealant primers to the Richmond
volatile organic compound (VOC) Emissions Control Area. The revision
also consists of amendments to Virginia's regulation for existing
stationary sources to apply provisions pertaining to mobile equipment
repair and refinishing operations in the Richmond VOC Emissions Control
Area. EPA is approving these revisions to the Virginia SIP in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 3, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0816. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Virginia Department of Environmental
Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty,<PHONE_NUMBER>
or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On March 16, 2015 (80 FR 13510), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, EPA
proposed approval of revisions to Virginia's consumer and commercial
products and mobile equipment repair and refinishing operations
regulations. The formal SIP revision was submitted by the Commonwealth
of Virginia on April 10, 2014.

II. Summary of SIP Revision

    The SIP revision consists of amendments to 9VAC5 Chapter 45--
Consumer and Commercial Products in order to apply provisions
pertaining to portable fuel containers, consumer and commercial
products, architectural and industrial maintenance coatings, adhesives,
adhesive primers, sealants, and sealant primers to the Richmond VOC
Emissions Control Area. This revision also amends Article 48 of 9VAC5
Chapter 40--Existing Stationary Sources to apply provisions pertaining
to mobile equipment repair and refinishing operations in the Richmond
VOC Emissions Control Area. Also, the SIP revision includes revised
compliance dates for Chapters 40 and 45 and retains in Chapter 45 a
temporary exemption for the manufacture and distribution of single-ply
roof membrane adhesives and sealants. Other specific requirements and
the rationale for EPA's proposed action are explained in the NPR and
will not be restated here. No public comments were received on the NPR.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its

program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

IV. Final Action

    EPA is approving the amendments to Virginia's regulations for
consumer and commercial products and mobile equipment repair and
refinishing operations as a revision to the Virginia SIP.

V. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the Virginia Department of Environmental Quality (VADEQ)
Regulations described in amendments to 40 CFR part 52 set forth below.
The EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 5, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to Virginia's control of VOC emissions
from commercial and consumer products and mobile equipment repair and
refinishing operations may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.

    Dated: July 9, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by:
0
A. In the entries for Chapter 40, Part II, Article 48, revise Sections
5-40-6970 and 5-40-7050 and add 5-40-6975 in numerical order.
0
B. In entries for Chapter 45, Part II, Article 1, revise Sections 5-45-
70 and 5-45-90; Article 2 Sections 5-45-160, 5-45-170 and 5-45-240;
Article 3 Section 5-45-310; Article 4 Sections 5-45-400, 5-45-420, 5-
45-430 and 5-45-480; Article 5 Sections 5-45-520, 5-45-530 and 5-45-
580; and Article 6 Sections 5-45-620, 5-45-630, 5-45-650 and 5-45-700.
    The revisions and additions read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date   Explanation  [former
                                                             date                               SIP citation]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            9 VAC 5, Chapter 40 Existing Stationary Sources (Part IV)
----------------------------------------------------------------------------------------------------------------

                                  ------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part II Emission Standards
              Article 48 Emission Standards for Mobile Equipment Repair and Refinishing (Rule 4-48)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5-40-6970........................  Applicability and        10/01/13  08/04/15 [Insert      Revision extends the
                                    designation of                     Federal Register      applicability to
                                    affected facility.                 citation].            include the
                                                                                Richmond VOC
                                                                                Emissions Control
                                                                                Area.

                                                  * * * * * * *
5-40-6975........................  Exemptions..........     10/01/13  08/04/15 [Insert      Added.
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
5-40-7050........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              9 VAC 5, Chapter 45 Consumer and Commercial Products
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part II Emission Standards
     Article 1 Emission Standards For Portable Fuel Containers And Spouts Manufactured Before August 1, 2010
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5-45-70..........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
5-45-90..........................  Standard for             10/01/13  08/04/15............  Amended.
                                    volatile organic
                                    compounds.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Article 2 Emission Standards For Portable Fuel Containers And Spouts Manufactured On Or After August 1, 2010
----------------------------------------------------------------------------------------------------------------
5-45-160.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                Richmond VOC
                                                                                Emissions Control
                                                                                Area.
5-45-170.........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
5-45-240.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Article 3 Emission Standards For Consumer Products Manufactured Before August 1, 2010
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5-45-310.........................  Standard for             10/01/13  08/04/15 [Insert      Amended.
(Except for subsection B)........   volatile organic                   Federal Register
                                    compounds.                         citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
           Article 4 Emission Standards For Consumer Products Manufactured On or After August 1, 2010
----------------------------------------------------------------------------------------------------------------
5-45-400.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                Richmond VOC
                                                                                Emissions Control
                                                                                Area.

                                                  * * * * * * *
5-45-420.........................  Definitions.........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
5-45-430.........................  Standard for             10/01/13  08/04/15 [Insert      Amended.
(Except for subsection B)........   volatile organic                   Federal Register
                                    compounds.                         citation].

                                                  * * * * * * *
5-45-480.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Article 5 Emission Standards For Architectural And Industrial Maintenance Coatings
----------------------------------------------------------------------------------------------------------------
5-45-520.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                Richmond VOC
                                                                                Emissions Control
                                                                                Area.
5-45-530.........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
5-45-580.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Article 6 Emission Standards For Adhesives And Sealants
----------------------------------------------------------------------------------------------------------------
5-45-620.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                Richmond VOC
                                                                                Emissions Control
                                                                                Area.
5-45-630.........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
5-45-650.........................  Standard for             10/01/13  08/04/15 [Insert      Amended.
                                    volatile organic                   Federal Register
                                    compounds.                         citation].

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5-45-700.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].

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[FR Doc. 2015-18609 Filed 8-3-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41877-41880]
[FR Doc No: 2021-16456]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92518; File No. SR-CBOE-2021-042]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Enhance
and Clarify its Price Adjust Process for Certain Market-Maker Interest,
Specifically Book Only Orders and Bulk Messages Submitted Through Bulk
Ports and Modify the Bulk Message Fat Finger Check

July 28, 2021.
    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 July 16, 2021, Cboe Exchange, Inc. (``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to enhance and clarify its Price Adjust process and modify the bulk
message fat finger check. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to enhance its Price Adjust (as defined
below) process for certain Market-Maker interest--specifically Book
Only \5\ orders and bulk messages \6\ submitted through bulk ports
\7\--and clarify other parts of that process, as well as modify the
bulk message fat finger check.
---------------------------------------------------------------------------

    \5\ Rule 5.6(c) defines a ``Book Only'' order as an order the
System ranks and executes pursuant to Rule 5.32, subjects to the
Price Adjust process pursuant to Rule 5.32, or cancels, as
applicable (in accordance with User instructions), without routing
away to another exchange. Users may designate bulk messages as Book
Only as set forth in Rule 5.5(c).
    \6\ The term ``bulk message'' means a single electronic message
a User submits with an M Capacity (for the account of a Market-
Maker) to the Exchange in which the User may enter, modify, or
cancel up to an Exchange-specified number of bids and offers. A User
may submit a bulk message through a bulk port as set forth in Rule
5.6(c)(3). The System handles a bulk message bid or offer in the
same manner as it handles an order or quote unless the Rules specify
otherwise. See Rule 1.1.
    \7\ A ``bulk port'' is a dedicated logical port that provides
Users with the ability to submit bulk messages, single orders, and
auction responses, each subject to certain restrictions. See Rule
5.5(c)(3).
---------------------------------------------------------------------------

    Rule 5.32(b) describes the Price Adjust process, which applies to
an order by default or not designated as Cancel Back.\8\ The System
adjusts the price (``Price Adjust'') of an order designated as Price
Adjust (or an order not designated as Cancel Back) as follows:
---------------------------------------------------------------------------

    \8\ Rule 5.6(c) defines a ``Cancel Back'' order as an order
(including a bulk message) a User designates to not be subject to
the Price Adjust Process pursuant to Rule 5.32 that the System
cancels or rejects (immediately at the time the System receives the
order or upon return to the System after being routed away) if
displaying the order on the Book would create a violation of Rule
5.67, or if the order cannot otherwise be executed or displayed in
the Book at its limit price.

    (A) If a buy (sell) non-all-or-none (``AON'') order at the time
of entry, would lock or cross:
    (i) A Protected Quotation of another options exchange or the
Exchange, the System ranks and displays the order at one minimum
price variation below (above) the current national best offer
(``NBO'') (national best bid (``NBB''); or
    (ii) the offer (bid) of a sell (buy) AON order resting on the
Book at or better than the Exchange's best offer (bid), the System
ranks the resting AON order one minimum price variation above
(below) the bid (offer) of the non-AON order.
    (B) Incoming AON Orders. If a buy (sell) AON order, at the time
of entry, would:
    (i) Cross a Protected Offer (Bid) of another options exchange or
a sell (buy) AON order resting on the Book at or better than the
Exchange's best offer (bid), the System ranks the incoming AON order
at a price equal to the Protected Offer (Bid) or the offer (bid) of
the resting AON order, respectively; or
    (ii) lock or cross a Protected Offer (Bid) of the Exchange, the
System ranks the incoming AON order at a price one minimum price
variation below (above) the Protected Offer (Bid).

    This Price Adjust process applies to Book Only orders and bulk
messages submitted that are designated as Price Adjust (and not
designated as Cancel Back). Separately, a Book Only order or bulk
message bid or offer (or unexecuted portion) is rejected if submitted
by a Market-Maker with an appointment in the class through a bulk port
if it would execute against a resting offer or bid, respectively with a
capacity of M. Therefore, if a Book Only bulk message bid of an
appointed Market-Maker does not execute upon entry and would rest at
the same price as an offer not represented by a capacity of M, that bid
price would be adjusted and rest on the book at one minimum price
variation below the offer. However, if the offer was represented by a
capacity of M, the System would reject the bid since it may not execute
against that resting offer.
    The proposed rule change amends the Price Adjust process so that an
appointed Market-Maker's Book Only bids and offers submitted through a
bulk port may have the opportunity to rest on the book if they are
submitted at the same price as the opposite side of the market when
represented by Market-Maker interest. Specifically, the proposed rule
change adds

subparagraph (C) to Rule 5.32(b)(1), which states if the bid (offer) of
a Book Only buy (sell) non-AON order or bulk message \9\ submitted
through a bulk port at the time of entry would lock or cross (1) a
protected offer (bid) of another options exchange \10\ or a resting
offer (bid) with a Capacity of M, the System ranks and displays the
order at one minimum price variation below (above) the better of the
current away best offer (``ABO'') (away best bid (``ABB'')) or resting
M-Capacity offer (bid); or (2) the offer (bid) of a sell (buy) AON
order resting on the Book at or better than the Exchange's best offer
(bid), the System ranks the resting AON order one minimum price
variation above (below) the bid (offer) of the non-AON order.\11\ This
will permit appointed Market-Maker orders and quotes submitted through
bulk ports (the primary purpose of which is to provide liquidity to the
Book) that are subject to the Price Adjust process (indicating the
submitting Market-Makers prefer a price adjustment to rejection) so
their quotes may rest in the Book if they would otherwise lock interest
against which they could not execute.
---------------------------------------------------------------------------

    \9\ The Exchange notes that pursuant to Rule 5.5(c), only
appointed Market-Makers may submit such orders and bulk messages
through a bulk port.
    \10\ This is how these orders and messages are currently handled
pursuant to Rule 5.32(b)(1)(A)(i).
    \11\ This is how these orders and messages are currently handled
pursuant to Rule 5.32(b)(1)(A)(ii).
---------------------------------------------------------------------------

    The proposed rule change makes nonsubstantive changes to current
Rules 5.32(b)(1)(A) and (B) to set forth to which orders and bulk
messages the functionality in each subparagraph will apply; the
proposed rule change has no impact on how the Price Adjust process
applies to orders and bulk messages other than Book Only orders and
bulk messages submitted through a bulk port that would otherwise
execute against resting M-Capacity interest. Similarly, the proposed
rule change updates Rule 5.32(c)(6) to indicate that provision will
only apply to Cancel Back Book Only orders and bulk messages submitted
through bulk ports. Book Only orders and bulk messages submitted
through a bulk port may either be Price Adjust or Cancel Back. As Price
Adjust Book Only orders and bulk messages submitted through a bulk port
will be handled as described above if they would execute against
resting M-Capacity interest, this provision will now only apply to
Cancel Back Book Only bulk messages and orders submitted through bulk
ports.\12\
---------------------------------------------------------------------------

    \12\ The proposed rule change also clarifies in Rule 5.32(c)(6)
that it applies if the incoming order or bulk message would execute
against or lock resting M-Capacity interest. It is possible a Cancel
Back Book Only order or bulk message may otherwise not execute
against resting M-Capacity interest but would instead lock that
interest if it rested in the book, so the System would reject that
order or bulk message to prevent the dissemination of a locked
market.
---------------------------------------------------------------------------

    The proposed rule change also clarifies in Rule 5.32(b)(1) that the
Price Adjust process applies to an order or remaining portion that does
not execute upon entry. This is consistent with current functionality,
as Price Adjust orders may execute upon entry against resting
interest--the price adjustment applies only to permit any remaining
interest from an incoming order to rest at a price that would not lock
or cross opposite side interest in accordance with the linkage plan.
    Additionally, Rule 5.32(b)(2) provides that if the circumstances
that caused the System to adjust the price of an order pursuant to
subparagraph (b)(1) change so that it would not lock or cross, as
applicable, a Protection Quotation or an AON resting on the Book at a
price at or better than the BBO,\13\ the System gives the Price Adjust
order a new timestamp. Currently, the rule states the System ranks or
displays the order at a price that locks or is one minimum price
variation away from the new Protection Quotation or AON resting on the
Book at or better than the BBO, as applicable. Pursuant to current
subparagraph (3), the System adjusts the ranked and displayed price of
an order subject to Price Adjust once or multiple times depending upon
the User's instructions and changes to the prevailing NBBO. The
proposed rule change deletes this subparagraph (3) and moves the
concept of single or multiple price adjust to subparagraph (2).\14\ The
proposed rule change clarifies how each of single price adjust and
multiple price adjust currently function. Specifically, if a User
designated an order as eligible for single price adjust, the System
ranks and displays the order at the price of the Protected Quotation
that was present in the Book at the time of order entry. That is the
price at which the Price Adjust order would have entered the Book but
for the presence of that Protected Quotation.
---------------------------------------------------------------------------

    \13\ The Exchange notes that a change in the BBO would include a
change in M-Capacity interest resting at the top of the Book that
caused a Book Only bulk message or order to have its price adjusted.
    \14\ The proposed rule change also moves the latter part of
current subparagraph (2) regarding the priority of re-ranked and re-
displayed Price Adjust orders to proposed subparagraph (3).
---------------------------------------------------------------------------

    Additionally, the proposed rule change clarifies that bulk message
bids and offers are only subject to single price adjust. The Exchange
understands that Market-Makers' automated quote streaming systems
review their resting interest when the markets change and update as
appropriate in accordance with their business and risk models.
Therefore, the Exchange does not believe it is necessary for it also to
review resting Market-Maker interest continuously and reprice as the
market changes. The proposed rule change amends proposed subparagraph
(2)(B) to indicate it applies to orders designated as multiple price
adjust, and specifies the repricing described in that paragraph may
occur multiple times as the opposite side of the NBBO changes (up to
the order's limit price). The proposed rule change has no impact on how
the System handles order and bulk messages subject to single or
multiple price adjust; it rather more accurately describes this
process. The proposed rule change also amends this provision to reflect
that a Price Adjust bulk message may be re-priced upon entry due to the
presence of opposite side M Capacity interest (rather than rejected in
accordance with current functionality).
    With respect to multiple price adjust functionality, the proposed
rule change clarifies that the price at which the System reprices an
order is the ranked and displayed price (rather than or), which is
consistent with the remainder of paragraph (b). Price Adjust orders are
always ranked and displayed at the same price. Additionally, the
proposed rule change deletes the concept of the new price locking a new
Protected Quotation, as the new price will always be one minimum price
variation away to be consistent with linkage rules. Finally, the
proposed rule change deletes the concept of repricing a Price Adjust
order based on the presence of an AON order. As set forth in Rule
5.32(b)(1), if an incoming order would lock the price of an AON resting
on the book, the System reprices the AON rather than the incoming
order. Therefore, if the AON is no longer in the book, there would be
no reason to reprice the other order, making the reference to AON in
subparagraph (2) regarding repricing is unnecessary.
    Finally, the proposed rule change enhances the bulk message fat
finger check set forth in Rule 5.34(a)(5). In accordance with the fat
finger check, the System cancels or rejects any bulk message bid
(offer) above (below) the NOB [sic] (NBB) by more than a specified
amount determined by the Exchange.\15\ The proposed rule change
indicates that the Exchange may also determine a minimum and maximum
dollar value for the bulk message fat

finger check.\16\ The Exchange believes Market-Makers may be willing to
accept an execution at a price beyond the NBBO at the time of order
entry, but not too far away. The purpose of the fat finger check is
intended to reject bulk message bids and offers that on their face are
likely to be entered at erroneous prices and thus prevent potentially
erroneous executions. The proposed rule change to permit the Exchange
to set a minimum and maximum value will provide the Exchange with the
opportunity to set a meaningful buffer that is not ``too close'' to the
NBBO (in other words, a de minimis buffer) but not ``too far'' from the
NBBO (in other words, a buffer that is more likely to accept
erroneously priced bulk messages). The proposed rule change also
permits the Exchange to set the relevant amounts for the bulk message
fat finger check on a class-by-class basis. Option classes have
different characteristics and trading models, and the proposed
flexibility will permit the Exchange to apply different parameters to
address those differences.
---------------------------------------------------------------------------

    \15\ This check does not apply to bulk messages submitted prior
to the conclusion of the opening process or when no NBBO is
available.
    \16\ The proposed rule change also makes a nonsubstantive change
to say the System cancels or rejects any bulk message bid (offer)
more than a buffer amount above (below) the NBO (NBB) to align the
language with other rules.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\17\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \18\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \19\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ Id.
---------------------------------------------------------------------------

    In particular, the proposed rule change to enhance the Price Adjust
process to adjust the price of Book Only orders and bulk messages
submitted by Market-Makers through bulk ports will remove impediments
to and perfect the mechanism of a free and open market. Market-Makers
that have elected to have their bulk port interest subject to the Price
Adjust process have indicated their desire to have the prices of that
interest adjusted rather than have the System reject that interest. The
proposed rule change is consistent with that election and will cause
such interest to be repriced rather than rejected in a situation--when
it would otherwise execute or lock against other M-Capacity interest--
in addition to locking an away market. Therefore, the proposed rule
change will permit additional Market-Maker interest to enter the book
rather than be rejected. This additional liquidity may increase
execution opportunities and tighten spreads, which ultimately benefits
all investors.
    The Exchange also believes the proposed rule change to codify that
bulk message bids and offers may only be subject to single price adjust
will benefit investors by adding transparency to the Rules. The
Exchange understands that Market-Makers' automated quote streaming
systems review their resting interest when the markets change and
update as appropriate in accordance with their business and risk
models. Therefore, the Exchange does not believe it is necessary for it
also to review resting Market-Maker interest continuously and reprice
as the market changes.
    In addition, the Exchange believes the proposed change to the bulk
message fat finger check will protect investors and the public interest
as the check will continue to mitigate potential risks associated with
Market-Makers submitting bulk message bids and offers at unintended
prices, and risks associated with orders and quotes trading at prices
that are extreme and potentially erroneous, which may likely have
resulted from human or operational error. The proposed enhancement that
the Exchange will apply a minimum and maximum to the fat finger check
will permit the Exchange to apply the fat finger check to bulk messages
in a more meaningful way. The Exchange believes class flexibility is
appropriate to permit the Exchange to apply reasonable buffers to
classes, which may exhibit different trading characteristics and have
different market models. The Exchange has other price checks and risk
controls that permit it to set a minimum and maximum, as well as apply
parameters on a class basis.\20\
---------------------------------------------------------------------------

    \20\ See, e.g., Rule 5.34(a)(2) (market order NBBO width
protection).
---------------------------------------------------------------------------

    The proposed nonsubstantive and clarifying changes will protect
investors by adding transparency to the Rules.

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. The Exchange does not
believe the proposed rule change will impose any burden on intramarket
competition, as the proposed changes will apply in the same manner to
all Book Only orders and bulk messages submitted through a bulk port.
The proposed rule change to codify that bulk messages will only be
subject to single price adjust is appropriate given that Market-Makers'
automated quote streaming systems review their resting interest when
the markets change and update as appropriate in accordance with their
business and risk models. Therefore, the Exchange does not believe it
is necessary for it also to review resting Market-Maker interest
continuously and reprice as the market changes. The Exchange does not
believe the proposed rule change will impose any burden on intermarket
competition, as the proposed rule change applies to functionality that
applies to incoming interest that may only rest or execute on the
Exchange's book.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \21\ and
Rule 19b-4(f)(6) \22\ thereunder. At any time within 60 days

of the filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2021-042 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2021-042. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2021-042 and should be submitted on
or before August 24, 2021.
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-16456 Filed 8-2-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Notices]
[Page 9987-9988]
[DOCID:fr04mr10-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61593; File No. SR-DTC-2009-17]

Self-Regulatory Organizations; The Depository Trust Company;
Order Approving Proposed Rule Change To Allow The Depository Trust
Company To Provide Settlement Services to European Central Counterparty
Limited for U.S. Securities Traded on European Trading Venues

February 25, 2010.

I. Introduction

    On December 17, 2009, The Depository Trust Company (``DTC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SR-DTC-2009-17 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'').\1\ The proposed rule change
was published for comment in the Federal Register on January 5,
2010.\2\ No comment letters were received on the proposal. This order
approves the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 61249 (December 29,
2009), 75 FR 0947.
---------------------------------------------------------------------------

II. Description

    European Central Counterparty Limited (``EuroCCP'') is a clearing
house recognized by the United Kingdom and regulated by the Financial
Services Authority (``FSA''). It provides central counterparty
clearance and settlement services to its participants for their
securities transactions executed on or through European trading venues.
Several of the trading platforms EuroCCP services asked EuroCCP to
clear and settle trades in U.S. equities, Exchange Traded Funds
(``ETFs''), and American Depositary Receipts (``ADRs'')(collectively,
``U.S. Securities'') that are executed on or through them.\3\ Trades in
these securities will be routed to EuroCCP through existing interfaces
with the trading platforms and will be novated and netted in accordance
with EuroCCP's Rules and Procedures. DTC will notify Participants by
Important Notice of the effective date of the service. EuroCCP will
employ its current trade day netting methodology to produce each day
for each of its participants in the EuroCCP U.S. Program a single
settlement obligation for each U.S. Security.\4\
---------------------------------------------------------------------------

    \3\ The trading platforms will support trading activity of U.S.
issues in U.S. dollars. The platforms currently operate from 8 a.m.
to 4:30 p.m. London time.
    \4\ Each single settlement obligation calculated by EuroCCP will
settle at DTC on T+3.
---------------------------------------------------------------------------

    Under the EuroCCP U.S. Program, EuroCCP will use DTC's settlement
services for these netted securities obligations by opening and
operating an account at DTC. Each EuroCCP participant in the EuroCCP
U.S. Program will be required to appoint a DTC participant U.S.
settlement agent to settle obligations on its behalf.\5\ EuroCCP will
be subject to the same net debit cap \6\ and collateral monitor (``Risk
Management Controls'') \7\ as any other DTC participant.
---------------------------------------------------------------------------

    \5\ EuroCCP will be given a reason code for the transactions it
processes through its DTC account. As part of this filing, DTC
proposes updating its Settlement Service Guide to reflect this
reason code. In addition, DTC will update the language in the Memo
Segregation section of the Settlement Service Guide and the reason
codes that receive Memo Segregation treatment to reflect this reason
code and to reflect certain other technical, non-substantive changes
to the reason codes.
    \6\ Before completing a transaction in which a participant is
the receiver, DTC calculates the resulting effect the transaction
would have on the participant's account to determine whether the
resulting net settlement balance would exceed the participant's
assigned net debit cap. Any transaction that would cause the
participant's net settlement debit to exceed its net debit cap is
placed in a pending queue that recycles until another transaction or
payment creates credits in the participant's account such that the
participant's net settlement debit is below its net debit cap.
    \7\ DTC tracks collateral in a participant's account through its
collateral monitor. At all times, the collateral monitor reflects
the amount by which the collateral in the account exceeds the net
debit in the account. When processing a transaction, DTC verifies
that the deliverer's and receiver's collateral monitors will not
become negative when the transaction completes. If the transaction
would cause either party to have a negative collateral monitor, the
transaction will recycle until the deficient account has sufficient
collateral.
---------------------------------------------------------------------------

    DTC is modifying its Settlement Service Guide in three ways to
maximize settlement efficiencies for DTC participants acting as U.S.
settlement agents in the EuroCCP U.S. Program. First, reclaims to
EuroCCP's account will not be ``matched''. A reclaim is an instruction
from a participant to DTC to return a delivery. It is generally used in
the event of an error where a participant does not recognize the
delivery. DTC's systems attempt to identify a corresponding original
transaction for every reclaim presented for processing. If DTC's
systems identify a corresponding original transaction, the reclaim is
processed.\8\
---------------------------------------------------------------------------

    \8\ The following seven elements must be consistent for the
system to process a reclaim as matched: Receiver, deliverer, CUSIP,
quantity, dollar amount, shares, and settlement date.
---------------------------------------------------------------------------

    Under DTC's existing Settlement Service Guide procedures, a matched
reclaim for less than $15 million is not subject to DTC's risk
management controls. As a result a matched reclaim to EuroCCP for less
than $15 million would not be subject to DTC's risk management controls
for EuroCCP's account and could create a debit in the EuroCCP account
that could exceed EuroCCP's liquidity resources and cause EuroCCP to be
unable to complete settlement with DTC. To avoid this outcome, DTC is
changing its procedures so that all reclaims to the EuroCCP account,
including matched reclaims under $15 million, will be subject to DTC's
risk management controls. Consequently, all reclaims violating
EuroCCP's net debit cap or collateral monitor will recycle until the
reclaim can settle without violating the risk management controls or
until the reclaim drops at the recycle cutoff.\9\ This is how DTC
currently treats reclaims that are over $15 million dollars.
---------------------------------------------------------------------------

    \9\ If the reclaim drops at the recycle cutoff, then the
receiving participant will retain the securities and the debit for
the delivery it received from EuroCCP.
---------------------------------------------------------------------------

    Second, DTC is modifying its Settlement Service Guide so that
pending valued transactions and pending free transactions to or from
the EuroCCP account will fail to settle or ``drop'' \10\ at 3:10
p.m.\11\ This cutoff time will allow EuroCCP to close its business day.
---------------------------------------------------------------------------

    \10\ Items that will drop will include deliveries to EuroCCP
failing due to lack of position by the delivering participant and
items failing DTC's risk management controls.
    \11\ DTC's current cutoff time for pending valued transactions
is 3:10 p.m. and for pending free transactions is 6:35 p.m.
---------------------------------------------------------------------------

    Third, the Receiver Authorized Delivery (``RAD'') cutoff time will
be 3:30 p.m. for both valued transactions and free delivery
transactions.\12\ DTC's current RAD deadline for valued transactions is
3:30 p.m., and the RAD deadline for free delivery transactions is 6:30
p.m. To allow EuroCCP to halt transaction processing in the EuroCCP
account and end its processing day, DTC will require a synchronized RAD
cutoff time of 3:30 p.m.
---------------------------------------------------------------------------

    \12\ RAD is a control mechanism which allows a participant to
review transactions prior to completion of processing. It limits the
exposure from misdirected or erroneously entered deliver orders,
payment orders, and pledges.
---------------------------------------------------------------------------

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act \13\ and the rules and regulations
thereunder applicable to DTC. In particular, the Commission believes
that the amendments DTC is making to its rules in connection to it
providing settlement services to EuroCCP for U.S. Securities traded on
European trading venues are consistent with DTC's obligations under

Section 17A(b)(3)(F),\14\ which requires, among other things, that the
rules of a clearing agency are designed to provide for the safekeeping
of securities and funds under its possession or control or for which it
is responsible.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78q-1.
    \14\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \15\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (File No. SR-DTC-2009-17) be,
and hereby is, approved.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).
    \17\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-4457 Filed 3-3-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Notices]
[Page 56463]
[FR Doc No: 2011-23327]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4019-DR; Docket ID FEMA-2011-0001]

North Carolina; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-4019-DR), dated August 31, 2011,
and related determinations.

DATES: Effective Date: September 1, 2011.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective September 1, 2011.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-23327 Filed 9-12-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4762-4764]
[FR Doc No: 2015-01178]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0078; Directorate Identifier 2014-NM-235-AD;
Amendment 39-18084; AD 2015-02-17]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A330-200, A330-200 Freighter, and A330-300 series
airplanes. This AD requires revising the electrical emergency
configuration procedure in the Emergency Procedures section of the
airplane flight manual (AFM) to include procedures for deploying the
ram air turbine manually to provide sufficient hydraulic power and
avoid constant speed motor/generator (CSM/G) shedding. This AD was
prompted by an electrical load analysis that revealed that hydraulic
power might not be sufficient to supply the CSM/G during slat/flap
extension when only one engine is running. We are issuing this AD to
prevent such a condition which, in conjunction with the loss of the
main electrical system, could lead to the scenario where the flightcrew
is not clearly warned that the electrical system has switched on the
battery and thus has a limited duration that would allow a safe
landing.

DATES: This AD becomes effective February 13, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 13,
2015.
    We must receive comments on this AD by March 16, 2015.

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 http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this AD, contact Airbus SAS,
Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80;
email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0078; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0281, dated December 22, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on all Airbus Model A330-
200, A330-200 Freighter, and A330-300 series airplanes. The MCAI
states:

    The Constant Speed Motor/Generator (CSM/G), as installed on
Airbus A330

aeroplanes, is qualified for an overload condition of 9.5kVA
[kilovolt-ampere] for 30 minutes. This duration is sufficient to
perform safe landing and a GO-AROUND. However, electrical load
analysis revealed that the hydraulic power might not be sufficient
to supply the CSM/G during slat/flap extension when only one engine
is running.
    This condition, if not corrected, and in conjunction with the
loss of main electrical system, could lead to the scenario where the
crew is not clearly warned that the electrical system has switched
on the battery and thus has a limited duration that would allow a
safe landing.
    To address this potential unsafe condition, Airbus issued an
Aircraft Flight Manual (AFM) Temporary Revision (TR) on A330
aeroplane to update the electrical emergency configuration ``ELEC
EMER CONFIG'' procedure to require the pilot to deploy the ram air
turbine manually before setting the Landing Recovery to ON position
to provide sufficient hydraulic power and avoid CSM/G shedding under
worst-case operational conditions.
    Consequently, EASA issued AD 2014-0273 (http://ad.easa.europa.eu/blob/easa_ad_2014_0273_superseded.pdf/AD_2014-0273_1) to require amendment of the AFM by incorporating the
applicable Airbus TR.
    After that [EASA] AD was issued, EASA became aware that the
reference to Airbus modification (mod) 47930 was insufficient to
define which AFM TR is applicable to which aeroplane
(configuration), as this mod can be embodied in service with Airbus
Service Bulletin (SB) A330-28-3067.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2014-0273, which is superseded, and corrects
the information included in Table 1.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2015-0078.

Related Service Information

    Airbus has issued A330/A340 Airplane Flight Manual (AFM) Temporary
Revision (TR) TR427, UPDATE OF ELEC--EMER CONFIG PROCEDURE, Issue 1.0,
dated November 7, 2014 (for airplanes in Airbus pre-modification 47930
configuration or pre-Airbus Service Bulletin A330-28-3067
configuration); and A330/A340 AFM TR TR428, UPDATE OF ELEC--EMER CONFIG
PROCEDURE, Issue 1.0, dated November 7, 2014 (for airplanes in Airbus
post-modification 47930 configuration or post-Airbus Service Bulletin
A330-28-3067 configuration). This service information describes updated
electrical emergency configuration procedures in the AFM. You can find
this information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2015-0078.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
hydraulic power might not be sufficient to supply the CSM/G during
slat/flap extension when only one engine is running. This condition, in
conjunction with the loss of the main electrical system, could lead to
the scenario where the flightcrew is not clearly warned that the
electrical system has switched on the battery and thus has a limited
duration that would allow a safe landing. Therefore, we determined that
notice and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2015-0078; Directorate
Identifier 2014-NM-235-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 91 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD on U.S. operators to be $7,735, or $85 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2015-02-17 Airbus: Amendment 39-18084. Docket No. FAA-2015-0078;
Directorate Identifier 2014-NM-235-AD.

(a) Effective Date

    This AD becomes effective February 13, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Airbus Model A330-201, -202, -203, -223, -223F, -243, and -
243F airplanes.
    (2) Airbus Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
Power.

(e) Reason

    This AD was prompted by an electrical load analysis that
revealed that hydraulic power might not be sufficient to supply the
constant speed motor/generator (CSM/G) during slat/flap extension
when only one engine is running. We are issuing this AD to prevent
such a condition which, in conjunction with the loss of the main
electrical system, could lead to the scenario where the flightcrew
is not clearly warned that the electrical system has switched on the
battery and thus has a limited duration that would allow a safe
landing.

(f) Compliance

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

(g) Revise Airplane Flight Manual (AFM)

    Within 15 days after the effective date of this AD, revise the
Emergency Procedures section of the Airbus A330 AFM to include the
information in the applicable Airbus temporary revision (TR)
specified in paragraph (g)(1) or (g)(2) of this AD. This may be done
by inserting a copy of the applicable TR specified in paragraph
(g)(1) or (g)(2) of this AD into the AFM. Operate the airplane
according to the procedures in the applicable TR. When the
information in the applicable TR has been included in the general
revisions of the AFM, the general revisions may be inserted into the
AFM, provided the relevant information in the general revision is
identical to that in the TR, and the TR may be removed.
    (1) For airplanes in Airbus pre-modification 47930 configuration
and pre-Airbus Service Bulletin A330-28-3067 configuration: Airbus
A330/A340 AFM TR TR427, UPDATE OF ELEC--EMER CONFIG PROCEDURE, Issue
1.0, dated November 7, 2014.
    (2) For airplanes in Airbus post-modification 47930
configuration or post-Airbus Service Bulletin A330-28-3067
configuration: Airbus A330/A340 AFM TR TR428, UPDATE OF ELEC--EMER
CONFIG PROCEDURE, Issue 1.0, dated November 7, 2014.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2014-0281, dated December 22, 2014, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-0078.

(j) 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.
    (i) Airbus A330/A340 Airplane Flight Manual (AFM) Temporary
Revision TR427, UPDATE OF ELEC--EMER CONFIG PROCEDURE, Issue 1.0,
dated November 7, 2014.
    (ii) Airbus A330/A340 AFM Temporary Revision TR428, UPDATE OF
ELEC--EMER CONFIG PROCEDURE, Issue 1.0, dated November 7, 2014.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 9, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-01178 Filed 1-28-15; 8:45 am]
BILLING CODE 4910-13-P