[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Notices]
[Pages 77651-77654]
[FR Doc No: 2022-27382]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96488; File No. SR-NYSECHX-2022-30]

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 7.19

December 13, 2022.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on December 8, 2022, the NYSE Chicago, Inc. (``NYSE Chicago'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.19 pertaining to pre-trade
risk controls to make additional pre-trade risk controls available to
Entering Firms. The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 7.19 pertaining to pre-trade
risk controls to make additional pre-trade risk controls available to
Entering Firms.
Background and Purpose
    In 2020, in order to assist Participants' efforts to manage their
risk, the Exchange amended its rules to add Rule 7.19 (Pre-Trade Risk
Controls),\4\ which established a set of pre-trade risk controls by
which Entering Firms and their designated Clearing Firms \5\ could set
credit limits and other pre-trade risk controls for an Entering Firm's
trading on the Exchange and authorize the Exchange to take action if
those credit limits or other pre-trade risk controls are exceeded.
Specifically, the Exchange added a Gross Credit Risk Limit, a Single
Order Maximum Notional Value Risk Limit, and a Single Order

Maximum Quantity Risk Limit \6\ (collectively, the ``2020 Risk
Controls'').
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    \4\ See Securities Exchange Act Release No. 88903 (May 19,
2020), 85 FR 31578 (May 26, 2020) (SR-NYSECHX-2020-14).
    \5\ The terms ``Entering Firm'' and ``Clearing Firm'' are
defined in Rule 7.19.
    \6\ The terms ``Gross Credit Risk Limit,'' ``Single Order
Maximum Notional Value Risk Limit, and ``Single Order Maximum
Quantity Risk Limit'' are defined in Rule 7.19.
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    The Exchange now proposes to expand the list of the optional pre-
trade risk controls available to Entering Firms by adding several
additional pre-trade risk controls that would provide Entering Firms
with enhanced abilities to manage their risk with respect to orders on
the Exchange. Like the 2020 Risk Controls, use of the pre-trade risk
controls proposed herein is optional, but all orders on the Exchange
would pass through these risk checks. As such, an Entering Firm that
does not choose to set limits pursuant to the new proposed pre-trade
risk controls would not achieve any latency advantage with respect to
its trading activity on the Exchange. In addition, the Exchange expects
that any latency added by the pre-trade risk controls would be de
minimis.
    The proposed new pre-trade risk controls proposed herein would be
available to be set by Entering Firms only. Clearing Firms designated
by an Entering Firm would continue to be able to view all pre-trade
risk controls set by the Entering Firm and to set the 2020 Risk
Controls on the Entering Firm's behalf.
Proposed Amendment to Rule 7.19
    To accomplish this rule change, the Exchange proposes to amend
paragraph (a) to include a new paragraph (a)(3) that would define the
term ``Pre-Trade Risk Controls'' as all of the risk controls listed in
proposed paragraph (b), inclusive of the 2020 Risk Controls and the
proposed new risk controls.
    In proposed paragraph (b), the Exchange proposes to list all Pre-
Trade Risk Controls available to Entering Firms, which would include
the existing 2020 Risk Controls and the proposed new controls. The
Exchange proposes to move the definition of Gross Credit Risk Limit
from current paragraph (a)(5) to proposed paragraph (b)(1), with no
substantive change. Next, the Exchange proposes to add paragraph
(b)(2), which would list all available ``Single Order Risk Controls.''
The Exchange proposes to move the definitions of Single Order Maximum
Notional Value Risk Limit and Single Order Maximum Quantity Risk Limit
from current paragraphs (a)(3) and (a)(4) to proposed paragraph
(b)(2)(A), with no substantive change. Next, the Exchange proposes to
add paragraphs (b)(2)(B) through (b)(2)(F) to enumerate the proposed
new Single Order Risk Controls, as follows:
    (B) controls related to the price of an order (including
percentage-based and dollar-based controls);
    (C) controls related to the order types or modifiers that can be
utilized;
    (D) controls to restrict the types of securities transacted
(including but not limited to restricted securities);
    (E) controls to prohibit duplicative orders; and
    (F) controls related to the size of an order as compared to the
average daily volume of the security (including the ability to specify
the minimum average daily volume for the securities for which such
controls will be activated).
    Each of the Single Order Risk Controls in proposed paragraph (b)(2)
is substantively identical to risk settings already in place on the
Exchange's affiliate exchange NYSE American LLC (``NYSE American''),\7\
as well as those on the Cboe and MEMX equities exchanges.\8\ As such,
the proposed new Pre-Trade Risk Controls are familiar to market
participants and are not novel.
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    \7\ See NYSE American Rule 7.19E; see also Securities Exchange
Act Release No. 96403 (November 29, 2022) (SR-NYSEAMER-2022-53).
    \8\ See Cboe BZX Exchange, Inc. (``Cboe BZX'') Rule 11.13,
Interpretations and Policies .01; Cboe BYX Exchange, Inc. (``Cboe
BYX'') Rule 11.13, Interpretations and Policies .01; Cboe EDGA
Exchange, Inc. (``Cboe EDGA'') Rule 11.10, Interpretations and
Policies .01; Cboe EDGX Exchange, Inc. (``Cboe EDGX'') Rule 11.10,
Interpretations and Policies .01; and MEMX LLC (``MEMX'') Rule
11.10, Interpretations and Policies .01.
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    The Exchange proposes to move current paragraph (b)(2) to proposed
paragraph (c) and to re-name that paragraph ``Pre-Trade Risk Controls
Available to Clearing Firms.'' The Exchange proposes to renumber
current paragraphs (b)(2)(A), (b)(2)(B), and (b)(2)(C) as paragraphs
(c)(1), (c)(2), and (c)(3) accordingly. The Exchange proposes to smooth
the grammar in proposed paragraph (c)(1) by moving the ``or both''
language from the end of the sentence to the beginning, to clarify that
an Entering Firm that does not self-clear may designate its Clearing
Firm to take either or both of the following actions: viewing or
setting Pre-Trade Risk Controls on the Entering Firm's behalf. Finally,
in proposed paragraph (c)(1)(B), the Exchange proposes to specify that
Clearing Firms so-designated may only set the 2020 Risk Controls on an
Entering Firm's behalf; the proposed new risk controls set out in
proposed paragraph (b)(2)(B) through (b)(2)(F) are available to be set
by Entering Firms only. The Exchange does not propose any changes to
proposed paragraph (c)(2), and with respect to proposed paragraph
(c)(3), proposes only to update internal cross-references.
    The Exchange proposes to move current paragraph (b)(3) regarding
``Setting and Adjusting Pre-Trade Risk Controls'' to proposed paragraph
(d), and to renumber current paragraphs (b)(3)(A) and (b)(3)(B) as
proposed paragraphs (d)(1) and (d)(2) accordingly. The Exchange
proposes to amend the text of proposed paragraph (d)(2) to state that
in addition to Pre-Trade Risk Controls being available to be set at the
MPID level or at one or more sub-IDs associated with that MPID, or
both, Pre-Trade Risk Controls related to the short selling of
securities, transacting in restricted securities, and the size of an
order compared to the average daily volume of a security must be set
per symbol.
    The Exchange proposes to move current paragraph (b)(4) regarding
``Notifications'' to paragraph (e), with no changes.
    The Exchange proposes to move current paragraph (c) regarding
``Automated Breach Actions'' to proposed paragraph (f) and to renumber
current paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) as paragraphs
(f)(1), (f)(2), (f)(3), and (f)(4) accordingly. The Exchange proposes
no changes to the text of proposed paragraphs (f)(1), (f)(3), or
(f)(4), other than to update an internal cross-reference. With respect
to proposed paragraph (f)(2) regarding ``Breach Action for Single Order
Risk Limits,'' the Exchange proposes to change the word ``Limits'' in
the heading to ``Controls.'' The Exchange further proposes to amend the
text of current paragraph (c)(2) to specify in paragraph (f)(2)(A) that
if an order would breach a price control under paragraph (b)(2)(B), it
would be rejected or canceled as specified in Rule 7.31(a)(2)(B) (the
``Limit Order Price Protection Rule''), while providing in paragraph
(f)(2)(B) that an order that breaches the designated limit of any other
Single Order Risk Control would be rejected.
    The Exchange proposes to move current paragraph (d) regarding
``Reinstatement of Entering Firm After Automated Breach Action'' to
proposed paragraph (g), with no changes.
    The Exchange proposes to move current paragraph (e) regarding
``Kill Switch Actions'' to proposed paragraph (h) with no changes,
other than to update an internal cross-reference.
    The Exchange proposes no changes to Commentary .01 to the Rule. The
Exchange proposes to add Commentary .02 to specify the interplay
between the Exchange's Limit Order Price Protection Rule and the price
controls that may be

set by an Entering Firm pursuant to proposed paragraph (b)(2)(B).
Proposed Commentary .02 specifies that pursuant to paragraph (b)(2)(B),
an Entering Firm may always set dollar-based or percentage-based
controls as to the price of an order that are equal to or more
restrictive than the levels set out in Rule 7.31(a)(2)(B) regarding
Limit Order Price Protection (e.g., the greater of $0.15 or 10% (for
securities with a reference price up to and including $25.00), 5% (for
securities with a reference price of greater than $25.00 and up to and
including $50.00), or 3% (for securities with a reference price greater
than $50.00) away from the NBB or NBO). However, an Entering Firm may
set price controls under paragraph (b)(2)(B) that are less restrictive
than the levels in the Limit Order Price Protection Rule only (i)
outside of Core Trading Hours or (ii) with respect to LOC Orders.
Continuing Obligations of Participants Under Rule 15c3-5
    The proposed Pre-Trade Risk Controls described here are meant to
supplement, and not replace, the Participants' own internal systems,
monitoring, and procedures related to risk management. The Exchange
does not guarantee that these controls will be sufficiently
comprehensive to meet all of a Participant's needs, the controls are
not designed to be the sole means of risk management, and using these
controls will not necessarily meet a Participant's obligations required
by Exchange or federal rules (including, without limitation, the Rule
15c3-5 under the Act \9\ (``Rule 15c3-5'')). Use of the Exchange's Pre-
Trade Risk Controls will not automatically constitute compliance with
Exchange or federal rules and responsibility for compliance with all
Exchange and SEC rules remains with the Participant.\10\
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    \9\ See 17 CFR 240.15c3-5.
    \10\ See also Commentary .01 to Rule 7.19, which provides that
``[t]he pre-trade risk controls described in this Rule are meant to
supplement, and not replace, the Participant's own internal systems,
monitoring and procedures related to risk management and are not
designed for compliance with Rule 15c3-5 under the Exchange Act.
Responsibility for compliance with all Exchange and SEC rules
remains with the Participant.''
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Timing and Implementation
    The Exchange anticipates completing the technological changes
necessary to implement the proposed rule change in the first quarter of
2023, but in any event no later than April 30, 2023. The Exchange
anticipates announcing the availability of the Pre-Trade Risk Controls
introduced in this filing by Trader Update in the first quarter of
2023.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\12\ in particular, because it
is 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,
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that the proposed rule change
will remove impediments to and perfect the mechanism of a free and open
market and a national market system because the proposed additional
Pre-Trade Risk Controls would provide Entering Firms with enhanced
abilities to manage their risk with respect to orders on the Exchange.
The proposed additional Pre-Trade Risk Controls are not novel; they are
based on existing risk settings already in place on NYSE American,\13\
as well as those on the Cboe and MEMX equities exchanges,\14\ and
market participants are already familiar with the types of protections
that the proposed risk controls afford. As such, the Exchange believes
that the proposed additional Pre-Trade Risk Controls would provide a
means to address potentially market-impacting events, helping to ensure
the proper functioning of the market.
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    \13\ See supra note 7.
    \14\ See supra note 8.
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    In addition, the Exchange believes that the proposed rule change
will protect investors and the public interest because the proposed
additional Pre-Trade Risk Controls are a form of impact mitigation that
will aid Entering Firms in minimizing their risk exposure and reduce
the potential for disruptive, market-wide events. The Exchange
understands that Participants implement a number of different risk-
based controls, including those required by Rule 15c3-5. The controls
proposed here will serve as an additional tool for Entering Firms to
assist them in identifying any risk exposure. The Exchange believes the
proposed additional Pre-Trade Risk Controls will assist Entering Firms
in managing their financial exposure which, in turn, could enhance the
integrity of trading on the securities markets and help to assure the
stability of the financial system.
    The Exchange believes that the proposed rule change will remove
impediments to and perfect the mechanism of a free and open market and
a national market system by permitting Entering Firms to set price
controls under paragraph (b)(2)(B) that are equal to or more
restrictive than the levels in the Exchange's Limit Order Price
Protection Rule, but preventing Entering Firms from setting price
controls that are less restrictive than those levels during Core
Trading Hours in most circumstances. The Exchange's Limit Order Price
Protection Rule protects from aberrant trades, thus improving
continuous trading and price discovery. The Exchange believes that
Entering Firms should not be able to circumvent the protections of that
rule by setting lower levels during Core Trading Hours, except with
respect to orders that participate in the Closing Auction (e.g., LOC
Orders).\15\ But under the proposed rule, Entering Firms seeking to
further manage their exposure to aberrant trades would be permitted to
set price controls at levels that are more restrictive than in the
Exchange's Limit Order Price Protection Rule. Additionally, because
price controls set by an Entering Firm under paragraph (b)(2)(B) would
function as a form of limit order price protection, the Exchange
believes that it would remove impediments to and perfect the mechanism
of a free and open market and a national market system for an order
that would breach such a price control to be rejected or canceled as
specified in the Limit Order Price Protection Rule.
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    \15\ LOC Orders are not subject to the Limit Order Price
Protection in Rule 7.31(a)(2)(B).
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    Finally, the Exchange believes that the proposed rule change does
not unfairly discriminate among the Exchange's Participants because use
of the proposed additional Pre-Trade Risk Controls is optional and is
not a prerequisite for participation on the Exchange. In addition,
because all orders on the Exchange would pass through the risk checks,
there would be no difference in the latency experienced by Participants
who have opted to use the proposed additional Pre-Trade Risk Controls
versus those who have not opted to use them.

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. In fact, the Exchange
believes that the proposal will have a positive effect on competition
because, by providing Entering Firms additional means to monitor and
control risk, the proposed rule will increase confidence in the proper
functioning of the markets. The Exchange believes the proposed
additional Pre-Trade Risk Controls will assist Entering Firms in
managing their financial exposure which, in turn, could enhance the
integrity of trading on the securities markets and help to assure the
stability of the financial system. As a result, the level of
competition should increase as public confidence in the markets is
solidified.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \16\ and Rule 19b-4(f)(6) thereunder.\17\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\18\
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    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
section 19(b)(2)(B) \19\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \19\ 15 U.S.C. 78s(b)(2)(B).
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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 protected]. Please include
File Number SR-NYSECHX-2022-30 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-NYSECHX-2022-30. 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-NYSECHX-2022-30 and should be submitted
on or before January 9, 2023.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-27382 Filed 12-16-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Proposed Rules]
[Pages 4260-4263]
[FR Doc No: 2011-1439]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0030; Directorate Identifier 2009-NM-183-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 and A310 Series
Airplanes, and Model A300 B4-600, B4-600R, and F4-600R Series
Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called
A300-600 Series Airplanes)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede three existing ADs. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    The airworthiness limitations applicable to the Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently listed in
Airbus ALI Documents, which are referenced in the A300, A310, and
A300-600 Airworthiness Limitations Section (ALS) Part 2. Airbus has
recently revised the ALI Documents, which have been approved by the
European Aviation Safety Agency (EASA).
* * * * *
    The actions contained in these revised documents, which
introduce more restrictive maintenance requirements and/or
airworthiness limitations, have been identified as mandatory actions
for continued airworthiness. * * *

The unsafe condition is fatigue cracking, damage, or corrosion in
principal structural elements, which could result in reduced structural
integrity of the airplane. The proposed AD would require actions that
are intended to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by March 11, 2011.

ADDRESSES: You may send comments 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 W12-40, 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 proposed AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; e-mail<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0030;
Directorate Identifier 2009-NM-183-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed 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 proposed AD.

Discussion

    On February 6, 2007, we issued AD 2007-04-11, Amendment 39-14943
(72 FR 8604, February 27, 2007). That AD required actions intended to
address an unsafe condition on Airbus Model A300 B2 and B4 series
airplanes.
    On September 19, 2007, we issued AD 2007-20-03, Amendment 39-15213
(72 FR 54536, September 26, 2007). That AD required actions intended to
address an unsafe condition on Airbus Model A300-600 series airplanes.
    On November 23, 2007, we issued AD 2007-25-02, Amendment 39-15283
(72 FR 69612, December 10, 2007). That AD required actions intended to
address an unsafe condition on Airbus Model A310 series airplanes.
    Since we issued ADs 2007-04-11, 2007-20-03, and 2007-25-02, we have
determined that the airworthiness limitations for these airplanes must
be updated in order to adequately address the unsafe condition. The
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community, has issued EASA
Airworthiness Directive 2009-0155, dated July 17, 2009 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    The airworthiness limitations applicable to the Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently listed in
Airbus ALI Documents, which are referenced in the A300, A310, and
A300-600 Airworthiness Limitations Section (ALS) Part 2. Airbus has
recently revised the ALI Documents, which have been approved by the
European Aviation Safety Agency (EASA).

--Airbus A300 ALI Document issue 04.
--Airbus A310 ALI Document issue 07 and
--Airbus A300-600 ALI Document issue 12

    The actions contained in these revised documents, which
introduce more restrictive maintenance requirements and/or
airworthiness limitations, have been identified as mandatory actions
for continued airworthiness. EASA issued ADs 2006-0071, 2006-0260,
and 2006-0374 [which correspond to FAA ADs 2007-04-11, 2007-25-02,
and 2007-20-03] to require compliance with the maintenance
requirements and associated airworthiness limitations defined in
previous issues of these Airbus ALI documents.
    For the reason described above, [the] EASA AD supersedes
existing ADs 2006-0071, 2006-0260, and 2006-0374 and requires an
update to the approved aircraft maintenance

programme and compliance with the maintenance requirements and
associated airworthiness limitations defined in the Airbus ALI
Documents listed above.

The unsafe condition is fatigue cracking, damage, or corrosion in
principal structural elements, which could result in reduced structural
integrity of the airplane. The required actions include revising the
Airworthiness Limitations section of the Instructions for Continued
Airworthiness to incorporate new and revised structural inspections and
inspection intervals. You may obtain further information by examining
the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued A300-600 Airworthiness Limitation Items (ALI)
Document AI/SE-M2/95A.1310/07, Issue 12, dated June 2008; A300 ALI
Document AI/SE-M2/95A.1308/07, Issue 4, dated June 2008; and A310 ALI
Document, AI/SE-M2/95A.1309/07, Issue 7, dated June 2008. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed 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 proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 206 products of U.S. registry.
    The actions that are required by AD 2007-04-11, AD 2007-20-03, and
AD 2007-25-02, and retained in this proposed AD, take about 1 work hour
per product. The average labor rate is $85 per work-hour. Based on
these figures, we estimate the cost of those actions on U.S. operators
to be $85 per product.
    We estimate that it would take about 1 work-hour per product to
comply with the new requirements of this proposed AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of the proposed AD on U.S. operators to be $17,510, 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-14943 (72 FR
8604, February 27, 2007); Amendment 39-15213 (72 FR 54536, September
26, 2007); and Amendment 39-15283 (72 FR 69612, December 10, 2007); and
adding the following new AD:

Airbus: Docket No. FAA-2011-0030; Directorate Identifier 2009-NM-
183-AD.

Comments Due Date

    (a) We must receive comments by March 11, 2011.

Affected ADs

    (b) This AD supersedes AD 2007-04-11, Amendment 39-14943; AD
2007-20-03, Amendment 39-15213; and AD 2007-25-02, Amendment 39-
15283.

Applicability

    (c) This AD applies to all Airbus model airplanes identified in
paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in
any category.
    (1) Model A300 B2-1A, B2-1C, B4-2C, B2K-3C, B4-103, B2-203, and
B4-203 airplanes.
    (2) Model A310-203, -204, -221, -222, -304, -322, -324, and -325
airplanes.
    (3) Models A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-
622R, F4-605R, and F4-622R airplanes, and Model A300 C4-605R Variant
F airplanes.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according

to paragraph (t)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25-1529-1.

Subject

    (d) Air Transport Association (ATA) of America Codes 52: Doors;
53: Fuselage; 54: Nacelles/pylons; 55: Stabilizers; 57: Wings; and
71: Powerplant (for Model A300-600 only).

Reason

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

    The airworthiness limitations applicable to the Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently listed in
Airbus ALI Documents, which are referenced in the A300, A310, and
A300-600 Airworthiness Limitations Section (ALS) Part 2. Airbus has
recently revised the ALI Documents, which have been approved by the
European Aviation Safety Agency (EASA).
* * * * *
    The actions contained in these revised documents, which
introduce more restrictive maintenance requirements and/or
airworthiness limitations, have been identified as mandatory actions
for continued airworthiness. * * *

The unsafe condition is fatigue cracking, damage, or corrosion in
principal structural elements, which could result in reduced
structural integrity of the airplane.

Compliance

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

Restatement of Certain Requirements of AD 2007-04-11

    (g) Within one year after August 9, 1996 (the effective date of
AD 96-13-11), replace the revision of the maintenance program with
the inspections, inspection intervals, repairs, and replacements
defined in ``Airbus Industrie A300 Supplemental Structural
Inspection Document'' (SSID), Revision 2, dated June 1994
(``Revision 2 of the SSID''). Accomplish the actions specified in
the service bulletins identified in Section 6, ``SB Reference
List,'' Revision 2 of the SSID, at the times specified in those
service bulletins. The actions are to be accomplished in accordance
with those service bulletins. Accomplishing the initial ALI tasks
required by paragraph(s) of this AD terminates the actions required
by this paragraph.
    (1) For airplanes that have exceeded the threshold specified in
any of the service bulletins identified in Section 6, ``SB Reference
List,'' Revision 2 of the SSID: Accomplish the actions specified in
those service bulletins within the grace period specified in that
service bulletin. The grace period is to be measured from August 9,
1996.
    (2) For airplanes that have exceeded the threshold specified in
any of the service bulletins identified in Section 6, ``SB Reference
List,'' Revision 2 of the SSID, and a grace period is not specified
in that service bulletin: Accomplish the actions specified in that
service bulletin within 1,500 flight cycles after August 9, 1996.

Revision of the Maintenance Inspection Program

    (h) For airplanes identified in paragraph (c)(1) of this AD:
Within 12 months after April 3, 2007 (the effective date of AD 2007-
04-11), replace the revision of the maintenance program required by
paragraph (g) of this AD with the supplemental structural
inspections, inspection intervals, and repairs defined in Airbus
A300 Airworthiness Limitation Items (ALI) Document SEM2/95A.1090/05,
Issue 3, dated September 2005, as revised by Airbus A300 Temporary
Revision (TR) 3.1, dated April 2006 (``Issue 3 of the ALI'').
Accomplish the actions specified in Issue 3 of the ALI at the times
specified in that ALI, except as provided by paragraph (i) of this
AD. The actions must be accomplished in accordance with Issue 3 of
the ALI. Accomplishing the initial ALI tasks required by paragraph
(s) of this AD terminates the actions required by this paragraph.
    (i) For airplanes identified in paragraph (c)(1) of this AD that
have exceeded the threshold or intervals specified in the Airbus
A300 Airworthiness Limitation Items Document SEM2/95A.1090/05, Issue
3, dated September 2005 (``Issue 3 of the ALI''), for the
application tolerance on the first interval for new and revised
requirements and have exceeded 50 percent of the intervals specified
in sections D and E of Issue 3 of the ALI: Do the actions within 6
months after April 3, 2007.

Corrective Actions

    (j) Damaged, cracked, or corroded structure detected during any
inspection done in accordance with the Airbus A300Airworthiness
Limitation Items Document SEM2/95A.1090/05, Issue 3, dated September
2005 (``Issue 3 of the ALI''), must be repaired, before further
flight, in accordance with Issue 3 of the ALI, except as provided by
paragraph (k) of this AD; or other data meeting the certification
basis of the airplane which is approved by the Manager,
International Branch, ANM-116; or by the European Aviation Safety
Agency (EASA) (or its delegated agent).
    (k) Where the Airbus A300Airworthiness Limitation Items Document
SEM2/95A.1090/05, Issue 3, dated September 2005, specifies
contacting Airbus for appropriate action: Before further flight,
repair the damaged, cracked, or corroded structure using a method
approved by either the Manager, International Branch, ANM-116; or
the EASA (or its delegated agent).

No Fleet Sampling

    (l) Although Airbus A300 Airworthiness Limitation Items Document
SEM2/95A.1090/05, Issue 3, dated September 2005, specifies to do a
``Sampling Concept'' in section B, this AD prohibits the use of such
a sampling program and requires all affected airplanes of the fleet
to be inspected.

No Reporting

    (m) Although Airbus A300 Airworthiness Limitation Items Document
SEM2/95A.1090/05, Issue 3, dated September 2005, specifies to submit
certain information to the manufacturer, this AD does not include
that requirement.

Restatement of Requirements of AD 2007-20-03

Actions and Compliance

    (n) For airplanes identified in paragraph (c)(3) of this AD:
Within 3 months after October 31, 2007 (the effective date AD 2007-
20-03), revise the ALS of the Instructions for Continued
Airworthiness to incorporate Airbus A300-600 Airworthiness
Limitation Items (ALI) Document AI/SE-M2/95A.0502/06, Issue 11,
dated April 2006 (``Issue 11 of the ALI''). The tolerance (grace
period) for compliance (specified in paragraph 2 of Section B--
Program Rules) with Issue 11 of the ALI is within 2,000 flight
cycles after October 31, 2007, provided that none of the following
is exceeded. Accomplishing the initial ALI tasks required by
paragraph (s) of this AD terminates the actions required by this
paragraph.
    (1) Thresholds or intervals in the operator's current approved
maintenance schedule that are taken from a previous ALI issue, if
existing, and are higher than or equal to those given in Issue 11 of
the ALI.
    (2) 8 months after October 31, 2007.
    (3) 50 percent of the intervals given in Issue 11 of the ALI.
    (4) Any application tolerance given in the task description of
Issue 11 of the ALI.

Restatement of Requirements of AD 2007-25-02

Revision of the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness (ICA)

    (o) For airplanes identified in paragraph (c)(2) of this AD:
Within 3 months after January 14, 2008 (the effective date of AD
2007-25-02), do the actions specified in paragraphs (o)(1) and
(o)(2) of this AD. Accomplishing the initial ALI tasks required by
paragraph (s) of this AD terminates the actions required by this
paragraph.
    (1) Revise the ALS of the ICA to incorporate the structural
inspections and inspection intervals defined in Airbus A310
Airworthiness Limitations Items (ALI) Document, AI/SE-M2/95A.0263/
06, Issue 6, dated April 2006 (approved by the European Aviation
Safety Agency (EASA) on May 31, 2006). Accomplish the actions
specified in Issue 6 of the ALI at the times specified in that ALI,
except as provided by paragraph (p) of this AD. Thereafter, except
as provided by paragraphs (o)(2) and (t)(1) of this AD, no
alternative structural inspection intervals may be approved. The
actions specified in Issue 6 of the ALI must be accomplished in
accordance with Issue 6 of the ALI.
    (2) Revise the ALS of the ICA to incorporate the new and revised
structural inspections and inspection intervals defined in Airbus
Temporary Revision (TR) 6.1, dated November 2006 (approved by the
EASA on December 12, 2006), to Issue 6 of the ALI. Thereafter,
except as provided by paragraph

(t)(1) of this AD, no alternative structural inspection intervals
may be approved.

Exception to Issue 6 of the ALI

    (p) The tolerance (grace period) for compliance with Airbus A310
Airworthiness Limitations Items (ALI) Document, AI/SE-M2/95A.0263/
06, Issue 6, dated April 2006 (``Issue 6 of the ALI''), is within
1,500 flight cycles after January 14, 2008, provided that none of
the following is exceeded.
    (1) Thresholds or intervals in the operator's current approved
maintenance schedule that are taken from a previous ALI issue, if
existing, and are higher than or equal to those given in Issue 6 of
the ALI.
    (2) 18 months after January 14, 2008.
    (3) 50 percent of the intervals given in Issue 6 of the ALI.
    (4) Any application tolerance specified in Section D of Issue 6
of the ALI.

Corrective Actions

    (q) Damaged, cracked, or corroded structure detected during any
inspection done in accordance with Airbus A310 Airworthiness
Limitation Items (ALI) Document, AI/SE-M2/95A.0263/06, Issue 6,
dated April 2006 (``Issue 6 of the ALI''), must be repaired, before
further flight, in accordance with Issue 6 of the ALI; or in
accordance with other data meeting the certification basis of the
airplane that has been approved by either the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, or the EASA
(or its delegated agent). Where Issue 6 of the ALI specifies to
contact Airbus for appropriate action: Before further flight, repair
the damaged, cracked, or corroded structure using a method approved
by either the Manager, International Branch, ANM-116, or the EASA
(or its delegated agent).

Reporting Requirement

    (r) If any damage that exceeds the allowable limits specified in
Airbus A310 Airworthiness Limitations Items (ALI) Document, AI/SE-
M2/95A.0263/06, Issue 6, dated April 2006, is detected during any
inspection required by this AD: At the applicable time specified in
paragraph (r)(1) or (r)(2) of this AD, submit a report of the
finding to Airbus, Customer Service Directorate, Attn: Department
Manager Maintenance Engineering, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; e-mail<EMAIL_ADDRESS>The
report must include the ALI task reference, airplane serial number,
the number of flight cycles and flight hours on the airplane,
identification of the affected structure, location and description
of the finding including its size and orientation, and the
circumstance of detection and inspection method used.
    (1) If the inspection was done after January 14, 2008: Submit
the report within 30 days after the inspection.
    (2) If the inspection was accomplished prior to January 14,
2008: Submit the report within 30 days after January 14, 2008.

New Requirements of This AD

Revision of the ALS of the Instructions for ICA

    (s) Within 3 months after the effective date of this AD: Revise
the ALS of the ICA to incorporate the structural inspections and
inspection intervals defined in the applicable ALI document listed
in Table 1 of this AD. Thereafter, except as provided by paragraph
(t)(1) of this AD, no alternative structural inspections and
inspection intervals may be approved. The actions must be
accomplished in accordance with the applicable issue of the ALI. The
initial ALI tasks must be done at the times specified in the
applicable ALI document listed in Table 1 of this AD. Accomplishing
the applicable initial ALI tasks constitutes terminating action for
the requirements of paragraphs (g) through (r) of this AD for that
airplane only.

                                Table 1--Airworthiness Limitations Items Document
----------------------------------------------------------------------------------------------------------------
                 Model                                  Document                  Issue            Date
----------------------------------------------------------------------------------------------------------------
A300..................................  Airbus A300 Airworthiness Limitation           4  June 2008.
                                         Items Document AI/SE-M2/95A.1308/07.
A310..................................  Airbus A310 Airworthiness Limitation           7  June 2008.
                                         Items Document AI/SE[dash]M2/95A.1309/
                                         07.
A300-600..............................  Airbus A300-600 Airworthiness                 12  June 2008.
                                         Limitation Items Document AI/
                                         SE[dash]M2/95A.1310/07.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows:
    Where the MCAI includes a compliance time of ``from the
effective date of this AD,'' we have determined that a compliance
time of ``within 3 months after the effective date of the AD'' is
appropriate. The manufacturer and EASA agree with this difference in
compliance time.

Other FAA AD Provisions

    (t) 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. Send information to Attn: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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. AMOCs approved previously in accordance with AD 2007-04-11,
Amendment 39-14943; AD 2007-20-03, Amendment 39-15213; and AD 2007-
25-02, Amendment 39-15283; as applicable; are approved as AMOCs for
the corresponding provisions of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Related Information

    (u) Refer to MCAI EASA Airworthiness Directive 2009-0155, dated
July 17, 2009; Airbus A300-600 Airworthiness Limitation Items (ALI)
Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006; Airbus
A300-600 ALI Document AI/SE-M2/95A.1310/07, Issue 12, dated June
2008; Airbus A300 ALI Document SEM2/95A.1090/05, Issue 3, dated
September 2005, as revised by Airbus A300 Temporary Revision (TR)
3.1, dated April 2006; Airbus A300 ALI Document AI/SE-M2/95A.1308/
07, Issue 4, dated June 2008; Airbus A310 ALI Document, AI/SE-M2/
95A.0263/06, Issue 6, dated April 2006; Airbus TR 6.1, dated
November 2006; Airbus A310 ALI Document, AI/SE-M2/95A.1309/07, Issue
7, dated June 2008; and Airbus Industrie A300 Structural Inspection
Document'' (SSID), Revision 2, dated June 1994; for related
information.

    Issued in Renton, Washington, on January 13, 2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-1439 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Pages 73022-73023]
[FR Doc No: 2022-25905]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002; Internal Agency Docket No. FEMA-B-2288]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before February 27, 2023.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2288, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other

Federal, State, or regional entities. These flood hazard determinations
are used to meet the floodplain management requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
              Berrien County, Michigan (All Jurisdictions)
        Project: 13-05-4209S Preliminary Date: September 02, 2022
------------------------------------------------------------------------
City of Benton Harbor..................  City Hall, 200 East Wall
                                          Street, Benton Harbor, MI
                                          49022.
Charter Township of Benton.............  Benton Township Office, 1725
                                          Territorial Road, Benton
                                          Harbor, MI 49022.
Charter Township of St. Joseph.........  Township Hall, 3000 Washington
                                          Avenue, St. Joseph, MI 49085.
------------------------------------------------------------------------
               Preble County, Ohio and Incorporated Areas
        Project: 14-05-4456S Preliminary Date: February 09, 2022
------------------------------------------------------------------------
City of Eaton..........................  Municipal Building, 328 North
                                          Maple Street, Eaton, OH 45320.
Unincorporated Areas of Preble County..  Preble County Courthouse, Land
                                          Use Management Office, 101
                                          East Main Street, Eaton, OH
                                          45320.
Village of Camden......................  Village Office, 56 West Central
                                          Avenue, Camden, OH 45311.
Village of Gratis......................  Village Office, 404 East
                                          Harrison Street, Gratis, OH
                                          45330.
Village of Lewisburg...................  Municipal Office, 112 South
                                          Commerce Street, Lewisburg, OH
                                          45338.
Village of Verona......................  Municipal Building, 138 Mill
                                          Street, Verona, OH 45378.
Village of West Alexandria.............  Village Office, 1 Water Street,
                                          West Alexandria, OH 45381.
------------------------------------------------------------------------

[FR Doc. 2022-25905 Filed 11-25-22; 8:45 am]
BILLING CODE 9111-12-P