[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31145-31148]
[FR Doc No: 2023-10332]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

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

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Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1301; Project Identifier MCAI-2021-01447-T;
Amendment 39-22412; AD 2023-07-10]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited (Type Certificate
Previously Held by Bombardier, Inc.; Canadair Limited) Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 96-12-11,
which applied to all Canadair Model CL-215-1A10 airplanes. AD 96-12-11
required repetitive inspections to detect discrepancies of the
microswitches fitted at the water door actuator; replacement of any
discrepant microswitch; and modification of the water door actuator
switches, which terminates the repetitive inspections. This AD
continues to require the modification of the water door actuator
switches. This AD also requires modification of the water door solenoid
valve common grounds, adds airplanes to the applicability, and
specifies a parts installation limitation for the water door solenoid
valve. This AD was prompted by reports of uncommanded opening of the
water doors during flight and water scooping. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective June 20, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 20,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1301; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Viking Air Limited, 1959 de Havilland Way, Sidney, British
Columbia V8L 5V5, Canada; telephone +1-250-656-7227; fax +1-250-656-
0673; email vikingair.com">[email protected]vikingair.com; website
vikingair.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-1301.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 96-12-11, Amendment 39-9653 (61 FR 28734,
June 6, 1996) (AD 96-12-11). AD 96-12-11 applied to all Canadair Model
CL-215-1A10 airplanes. AD 96-12-11 required repetitive inspections to
detect discrepancies of the microswitches fitted at the water door
actuator, replacement of any discrepant microswitch, and a terminating
action for the repetitive inspections. The FAA issued AD 96-12-11 to
address a possible uncommanded opening of the water doors, especially
at high speed during a takeoff run, a water pick-up run, or a landing
run, which could cause serious damage to the airplane.
    The NPRM published in the Federal Register on October 27, 2022 (87
FR 65016). The NPRM was prompted by AD CF-2021-51, dated December 21,
2021, issued by Transport Canada, which is the aviation authority for
Canada (referred to after this as the MCAI). The MCAI states that
mandating the modification of the water door actuator microswitches, in
lieu of the previous repetitive inspections, will provide a more robust
water door design that will better mitigate the risk of uncommanded
water door opening. Also, it has been determined that modifying the
water door solenoid valve common grounds will mitigate the risk of
corroded or contaminated electrical contact leading to a sneak path and
subsequent uncommanded opening of the water doors.
    In the NPRM, the FAA proposed to continue to require the
modification of the water door actuator switches. The FAA also proposed
to require modification of the water door solenoid valve common
grounds, add airplanes to the applicability, and prohibit the
installation of certain water door solenoid valve selector assemblies.
The FAA is issuing this AD to address the uncommanded opening of water
doors, which, at high speed during the take-off run, water pick-up run,
or landing run, could cause serious damage to the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1301.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Bridger Aerospace. The following
presents the comments received on the NPRM and the FAA's response to
each comment.

Request To Incorporate Global Alternative Method of Compliance (AMOC)
and Remove Parts Installation Prohibition

    Bridger Aerospace (Bridger) requested that the requirements in
Global AMOC No. AARDG 2022/A33 issued by Transport Canada be
incorporated into the proposed AD by mandating that design change Mod
CL/0076, as specified in Viking Technical Bulletin

V215-3214, be incorporated if the part number (P/N) 362-0377 valve is
to be used as a replacement. Bridger stated that the additional backup
protection provided by this EMF kit is ``very conclusive in addressing
the possibility of reoccurrence.'' In addition, Bridger Aerospace
requested that the statement that P/N 362-0377 cannot be used as a
replacement part specified in paragraph (i) of the proposed AD be
removed. Bridger Aerospace stated that P/N 362-0377 can be used in
other locations of the airplane (e.g., main and auxiliary hydraulic
system, landing gear extension/retraction, and nosewheel steering) that
do not require backup EMF protection. Bridger Aerospace also stated
that the replacement P/N 20P16-2 has an exorbitant cost and are
unavailable for up to eight months.
    The FAA agrees that P/N 362-0377 can be used in other locations of
the airplane other than the water door and agrees to incorporate the
intent of Transport Canada's approved Global AMOC No. AARDG 2022/A33
into this AD. This allows the water door solenoid valve selector
assembly, P/N 362-0377, to be used as a replacement part if it has been
modified in accordance with Viking Technical Bulletin V215/0713,
Revision A, dated June 20, 2022; or Viking Technical Bulletin V215/
3214, Revision A, dated June 20, 2022. Paragraph (i) of this AD has
been changed to allow P/N 362-0377 to be used as a replacement part as
long as it has been modified in accordance with Viking Technical
Bulletin V215/0713, Revision A, dated June 20, 2022; or Viking
Technical Bulletin V215/3214, Revision A, dated June 20, 2022.
    In addition, paragraph (i)(2) of this AD further requires that
airplanes installed with this modification must revise their existing
maintenance or inspection program, as applicable, to incorporate the
information specified in Viking Temporary Revision 25-27, dated April
13, 2022, for Chapter 25-70-00 of the Viking CL-215 Maintenance Manual,
PSP 292. Paragraph (i) of this AD has also been changed to allow water
door solenoid valve, 4-way selector valve, P/N 20P16-2, specification
control drawing (SCD) 215T92392-2, or superseding part with internal
back electro-motive force (EMF) protection on which the design change
modification specified in Viking Technical Bulletin V215/0713, Revision
A, dated June 20, 2022; or Viking Technical Bulletin V215/3214,
Revision A, dated June 20, 2022; is incorporated as replacements parts.
    In addition, paragraph (j)(2) of this AD has been added to provide
credit if modifications were done prior to the effective date of this
AD in accordance with Viking Technical Bulletin V215/0713, dated April
14, 2022; or Viking Technical Bulletin V215/3214, dated April 14, 2022.

Request To Require Modification of Existing Valves

    Bridger requested that the proposed AD be changed to require P/N
362-0377 valves currently installed in the water door system to be
modified within 24 months. Bridger stated this modification will assure
the water door system has the maximum level of safety to not have any
more uncommanded door openings.
    The FAA does not agree with requiring a modification to the P/N
362-0377 valves currently installed in the water door system. The
actions required by this AD address the identified unsafe condition.
However, operators may elect to modify these parts in accordance with
Viking Technical Bulletin V215/0713, Revision A, dated June 20, 2022;
or Viking Technical Bulletin V215/3214, Revision A, dated June 20,
2022. This AD has not been changed with regard to this request.

Additional Changes Made to This Final Rule

    The FAA reviewed Viking Service Bulletin 215-389, Revision 3, dated
February 15, 2023, which limits the effectivity to Model CL-215-1A10
airplanes because Model CL-215-6B11 (CL-215T Variant) airplanes already
have an equivalent modification incorporated. Viking Service Bulletin
215-389, Revision 3, dated February 15, 2023, does not revise the
modification procedures. Therefore, the FAA revised paragraph (g) of
this AD to specify that only Model CL-215-1A10 airplanes are affected.
The FAA has also revised paragraph (g) of this AD to refer to Viking
Service Bulletin 215-389, Revision 3, dated February 15, 2023. In
addition, Viking Service Bulletin 215-389, Revision 2, dated September
21, 2021, was added as credit to paragraph (j) of this AD.
    In addition, the FAA determined that the retained compliance time
specified in paragraph (g) of this AD should not apply to airplanes on
which the modification specified Canadair Service Bulletin 215-389,
dated November 15, 1988, has been done because those airplanes would be
immediately out of compliance with the requirements as specified in
paragraph (g) of the proposed AD. Those airplanes were previously in
compliance with AD 96-12-11 as specified in Note 2 to paragraph (d) of
AD 96-12-11. However, Canadair Service Bulletin 215-389, dated November
15, 1988, is no longer acceptable for compliance for this AD.
Therefore, those operators must accomplish additional actions using a
later revision of Canadair Service Bulletin 215-389, dated November 15,
1988. The FAA has revised the compliance time in paragraph (g) of this
AD to allow 2 years after the effective date of this AD to do the
modification, which corresponds to the compliance time specified in
Part I of Transport Canada AD CF-2021-51, dated December 21, 2021. The
FAA has determined that the compliance time represents the maximum
interval of time allowable for the affected airplanes to continue to
safely operate before the modification is done.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    Viking Air Limited has issued Viking Service Bulletin 215-389,
Revision 3, dated February 15, 2023. This service information describes
procedures for modifying the water door actuator switches, which
includes replacing the water door actuator microswitches, installing a
relay channel and relays, and modifying related wiring.
    Bombardier has issued Alert Service Bulletin 215-A497, dated
November 16, 1998. This service information describes procedures for
installing two additional water door solenoid common grounds, as well
as inspecting the existing ground studs for corrosion and cleaning if
necessary.
    Viking Air Limited has issued Viking Technical Bulletin V215/0713,
Revision A, dated June 20, 2022. This service information provides
instructions to install terminal rails and terminal modules with Zener-
diodes to suppress back-electro-motive force (EMF) in Viking Air
Limited Model CL-215-1A10 airplanes.

    Viking Air Limited has issued Viking Technical Bulletin V215/3214,
Revision A, dated June 20, 2022. This service information provides
instructions to install terminal rails and terminal modules with Zener-
diodes to suppress back-EMF in Viking Air Limited Model CL-215-6B11
(CL-215T Variant) airplanes.
    Viking Air Limited has issued Viking Temporary Revision 25-27,
dated April 13, 2022. This service information describes procedures in
Chapter 25-70-00 for the Mod CL/0076, Water Drop System--Hydraulic
Solenoid Electrical Back-EMF Protection.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
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                                                                    Cost per
            Action                Labor cost       Parts cost        product         Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 96-   40 work-hours x          $10,038         $13,438  $26,876 (2 airplanes).
 12-11.                         $85 per hour =
                                $3,400.
New actions..................  2 work-hours x               108             278  1,668.
                                $85 per hour =
                                $170.
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Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 96-12-11, Amendment 39-9653
(61 FR 28734, June 6, 1996); and
0
b. Adding the following new AD:

2023-07-10 Viking Air Limited (Type Certificate Previously Held by
Bombardier, Inc.; Canadair Limited): Amendment 39-22412; Docket No.
FAA-2022-1301; Project Identifier MCAI-2021-01447-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 20, 2023.

(b) Affected ADs

    This AD replaces AD 96-12-11, Amendment 39-9653 (61 FR 28734,
June 6, 1996) (AD 96-12-11).

(c) Applicability

    This AD applies to all Viking Air Limited (Type Certificate
previously held by Bombardier, Inc.; Canadair Limited) Model CL-215-
1A10 and CL-215-6B11 (CL-215T Variant) airplanes, certificated in
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by reports of uncommanded opening of the
water doors during flight and water scooping. The FAA is issuing
this AD to address the uncommanded opening of water doors, which, at
high speed during the take-off run, water pick-up run, or landing
run, could cause serious damage to the airplane.

(f) Compliance

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

(g) Modification of Microswitches, with Revised Service Information and
a New Compliance Time

    This paragraph restates the requirements of paragraph (d) of AD
96-12-11, with revised service information and a new compliance
time. For Model CL-215-1A10 airplanes: Within 24 months after the
effective date of this AD, modify the water door microswitches in
accordance with Viking Service Bulletin 215-389, Revision 3, dated
February 15, 2023.

(h) New Requirement of This AD: Installation of Common Grounds

    Within 24 months after the effective date of this AD, install
two new water door solenoid valve common grounds in accordance with
the Accomplishment Instructions of Bombardier Alert Service Bulletin
215-A497, dated November 16, 1998.

(i) Parts Installation Limitation

    (1) As of the effective date of this AD, only the parts
identified in paragraphs (i)(1)(i) through (iii) of this AD are
allowed for use as a replacement part for the water door solenoid
valve.
    (i) Water door solenoid valve, selector assembly, part number
(P/N) 362-0377, on which the design change modification specified in
Viking Technical Bulletin V215/0713, Revision A, dated June 20,
2022; or Viking Technical Bulletin V215/3214, Revision A, dated June
20, 2022; is incorporated.
    (ii) Water door solenoid valve, 4-way selector valve, P/N 20P16-
2, specification control drawing (SCD) 215T92392-2, or

superseding part with internal back electro-motive force (EMF)
protection.
    (iii) Water door solenoid valve, 4-way selector valve, P/N
20P16-2, SCD 215T92392-2, or superseding part with internal back EMF
protection on which the design change modification specified in
Viking Technical Bulletin V215/0713, Revision A, dated June 20,
2022; or Viking Technical Bulletin V215/3214, Revision A, dated June
20, 2022; is incorporated.
    (2) For airplanes on which a part identified in paragraph
(i)(1)(i) or (iii) of this AD is installed: Before further flight
after installation, revise the exiting maintenance or inspection
program to incorporate the information for Chapter 25-70-00
specified in Viking Temporary Revision 25-27, dated April 13, 2022,
into the Viking CL-215 Maintenance Manual, PSP 292.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Canadair Service Bulletin 215-389,
Revision 1, dated September 30, 1991, including the retrospective
action for aircraft modified in accordance with Canadair Service
Bulletin 215-389, dated November 15, 1988; or Viking Service
Bulletin 215-389 Revision 2, dated September 21, 2021.
    (2) This paragraph provides credit for actions required by
paragraphs (i)(1)(i) and (iii) of this AD, if those actions were
performed before the effective date of this AD using Viking
Technical Bulletin V215/0713, dated April 14, 2022; or Viking
Technical Bulletin V215/3214, dated April 14, 2022.

(k) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; 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
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (Transport Canada);
or Viking Air Limited's Transport Canada Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(l) Additional Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Transport Canada AD CF-2021-51, dated December 21, 2021, for
related information. This Transport Canada AD may be found in the AD
docket at regulations.gov under Docket No. FAA-2022-1301.
    (2) For more information about this AD, contact Thomas Niczky,
Aerospace Engineer, Avionics and Electrical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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) Bombardier Alert Service Bulletin 215-A497, dated November
16, 1998.
    (ii) Viking Service Bulletin 215-389, Revision 3, dated February
15, 2023.
    (iii) Viking Technical Bulletin V215/0713, Revision A, dated
June 20, 2022.
    (iv) Viking Technical Bulletin V215/3214, Revision A, dated June
20, 2022.
    (v) Viking CL-215 Maintenance Manual, PSP 292, Temporary
Revision 25-27, dated April 13, 2022.
    (3) For service information identified in this AD, contact
Viking Air Limited, 1959 de Havilland Way, Sidney, British Columbia
V8L 5V5, Canada; telephone +1-250-656-7227; fax +1-250-656-0673;
email vikingair.com">[email protected]vikingair.com; website
vikingair.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (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, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10332 Filed 5-15-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Page 63253]
[FR Doc No: 2013-24774]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Regulation 12B; OMB Control No. 3235-0062, SEC File No. 270-70.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget the request for extension of the previously approved
collection of information discussed below.
    Regulation 12B (17 CFR 240.12b-1-12b-37) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange Act'')
includes rules governing the registration and periodic reporting under
Sections 12(b), 12(g), 13(a), and 15(d) (15 U.S.C. 78l(b), 78l(g),
78m(a) and 78o(d)) of the Exchange Act. The purpose of the regulation
is to set forth guidelines for the uniform preparation of Exchange Act
registration statement and reports. All information is provided to the
public for review. The information required is filed on occasion and it
is mandatory. Regulation 12B is assigned one burden hour for
administrative convenience because the regulation simply prescribes the
disclosure that must appear in other filings under the federal
securities laws.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100
F Street NE., Washington, DC 20549 or send an email to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: October 17, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24774 Filed 10-22-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Notices]
[Pages 43879-43881]
[FR Doc No: 2012-18242]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67481; File No. SR-CBOE-2012-068]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule

July 20, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 11, 2012, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') 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 Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.org/legal), at the Exchange's Office of the Secretary, and at
the Commission'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 amend its Customer Large Trade Discount
(the ``Discount''), which is intended to cap fees on large customer
trades. Currently, regular customer transaction fees are charged up to
the first 10,000 VIX options contracts in a customer order. The
Exchange proposes to amend the Discount to state that for any executing
Trading Permit Holder (``TPH'') whose affiliate \3\ is the issuer of
one or more securities, the combined total asset value of which is $1
billion or greater, that are based on or track the performance of VIX
futures, regular customer transaction fees will only be charged up to
the first 7,500 VIX options contracts per order in that month (``the
Amendment''). On the first business day following the end of a calendar
month, the Exchange will multiply the reported net asset value of each
security that is based on or tracks the performance of VIX futures (as
reported on the final calendar day of the month) by the amount of
outstanding shares in that security to determine the total asset value
of that security. The Exchange will then amalgamate the total asset
values of all the securities that are based on or track the performance
of VIX futures issued by the same issuer to determine if such issuer
reaches the $1,000,000 [sic] threshold. The Exchange will then announce
via information circular, on the first trading day of the calendar
month, the TPH entities that are affiliated with issuers who met the
threshold and therefore with which qualifying VIX options trades will
only be charged transaction fees up to 7,500 contracts.
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    \3\ See CBOE Rule 1.1(j), which defines ``affiliate'' as ``a
person who, directly or indirectly, controls, is controlled by, or
is under common control with, such other person.'' CBOE Rule 1.1(k)
defines ``control'' as ``the power to exercise a controlling
influence over the management or policies of a person, unless such
power is solely the result of an official position with such person.
Any person who owns beneficially, directly or indirectly, more than
20% of the voting power in the election of directors of a
corporation, or more than 25% of the voting power in the election of
directors of any other corporation which directly or through one or
more affiliates owns beneficially more than 25% of the voting power
in the election of directors of such corporation, shall be presumed
to control such corporation.'' CBOE Rule 1.1(ff) defines ``person''
as ``an individual, partnership (general or limited), joint stock
company, corporation, limited liability company, trust or
unincorporated organization, or any governmental entity or agency or
political subdivision thereof.''
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    The purpose of the Amendment is to incentivize the creation and
issuance of securities that are based on or track the performance of
VIX futures.
    The proposed change is to take effect on August 1, 2012.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\4\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\5\ which provides that
Exchange rules may provide for the equitable allocation of reasonable
dues, fees, and other charges among its Trading Permit Holders and
other persons using its facilities. The Amendment is reasonable because
it will allow qualifying TPHs to pay lower transaction fees for large
customer VIX options transactions. The Amendment is equitable and not
unfairly discriminatory because it is intended to incentivize the
creation and issuance of securities that are based on or track the
performance of VIX futures, which provides more trading opportunities
for all market participants. Further, the lower 7,500-contract
threshold for TPHs that are affiliated with issuers who hit the
$1,000,000 [sic] threshold will encourage such TPHs to bring more
customer VIX options orders to the Exchange, and the resulting
increased volume and liquidity will benefit all market participants
trading VIX options.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \6\ of the Act and paragraph (f) of Rule 19b-4 \7\
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.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f).
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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_ADDRESS>Please
include File Number SR-CBOE-2012-068 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2012-068. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2012-068 and should be
submitted on or before August 16, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-18242 Filed 7-25-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Notices]
[Pages 14939-14940]
[FR Doc No: 2021-05791]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3553-EM; Docket ID FEMA-2021-0001]

District of Columbia; Amendment No. 2 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the District of Columbia (FEMA-3553-EM), dated January 11, 2021, and
related determinations.

DATES: This amendment was issued February 1, 2021.

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

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for
the District of Columbia is hereby amended to include reimbursement for
eligible emergency protective measures among the area determined to
have been adversely affected by the event declared an emergency by the
President in his declaration of January 11, 2021.

    The District of Columbia for reimbursement for emergency
protective measures (Category B) including direct Federal
assistance, at 100 percent Federal

funding. Reimbursement assistance will only be available to the
extent that the District has expended the funding appropriated to it
for the Presidential Inauguration.

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.

Robert J. Fenton,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-05791 Filed 3-18-21; 8:45 am]
BILLING CODE 9111-23-P