[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20763-20764]
[FR Doc No: 2023-07227]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2023-0261]

Special Local Regulations; Marine Events Within the Sector
Columbia River Captain of the Port Zone

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce special local regulations at
various locations in the Sector Columbia River Captain of the Port Zone
from June 2, 2023, to September 9, 2023. This action is necessary to
provide for the safety of life on these navigable waters during marine
events. These regulations prohibit persons and vessels from being in
the regulated area unless authorized by the Captain of the Port Sector
Columbia River or a designated representative.

DATES: The regulations in 33 CFR 100.1302 will be enforced for the
regulated areas identified in the SUPPLEMENTARY INFORMATION section
below for the dates and times specified.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email LT Carlie Gilligan,
Waterways Management Division, Marine Safety Unit Portland, Coast
Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.1302 for the following events only during the
hours specified on the dates listed in the following Table:

 Table--Dates and Times of Enforcement of 33 CFR 100.1302 Special Local
Regulations at Various Locations in the Sector Columbia River Captain of
                          the Port Zone in 2023
------------------------------------------------------------------------
   No.           Date              Event                Location
------------------------------------------------------------------------
1........  June 2, 2023,     Spring Testing    Kennewick, WA. Regulated
            from 5:30 a.m.    Hydroplane        area includes all
            to 6:30 p.m.      races.            navigable waters within
                                                the Columbia River in
                                                the vicinity of Columbia
                                                Park, commencing at the
                                                Interstate 395 Bridge
                                                and continuing up river
                                                approximately 2.0 miles
                                                and terminating at the
                                                northern end of Wade
                                                Island.
2........  June 10, 2023,    Rose Fest Dragon  Portland, OR. Regulated
            from 6:30 a.m.    Boat Races.       area includes all waters
            to 6:30 p.m.                        of the Willamette River
                                                shore to shore, bordered
                                                on the north by the
                                                Hawthorne Bridge, and on
                                                the south by the Marquam
                                                Bridge.
3........  July 28, 2023,    Kennewick         Kennewick, WA. Regulated
            thru July 30,     Hydroplane        area includes all
            2023, from 5:30   Races.            navigable waters within
            a.m. to 6:30                        the Columbia River in
            p.m.                                the vicinity of Columbia
                                                Park, commencing at the
                                                Interstate 395 Bridge
                                                and continuing up river
                                                approximately 2.0 miles
                                                and terminating at the
                                                northern end of Wade
                                                Island.
4........  August 12, 2023,  Swim the Snake..  Perry, WA. Regulated area
            from 10:30 a.m.                     includes all navigable
            to 1:30 p.m.                        waters, bank-to-bank of
                                                the Snake River, 500
                                                yards upstream and 500
                                                yards downstream from
                                                the Washington State
                                                Highway 261 Bridge at
                                                the approximate position
                                                of 46[deg]35'23'' N;
                                                118[deg]13'10'' W.
9........  September 9,      Columbia          Pasco, WA. Regulated area
            2023, from 7:30   Crossing Swim.    includes all navigable
            a.m. to 10:30                       waters, bank-to-bank of
            a.m.                                the Columbia River in
                                                Pasco, Washington,
                                                between river mile 332
                                                and river mile 335.
------------------------------------------------------------------------

    All coordinates are listed in the Table reference North American
Datum (NAD) 1983.
    During the enforcement periods, as reflected in Sec.  100.1302, if
you are the operator of a vessel in the regulated area you must comply
with directions from the Patrol Commander or any official patrol
vessel. In addition to this notification of enforcement in the Federal
Register, the Coast Guard will provide notification of these
enforcement periods via the Local Notice to Mariners and marine
information broadcasts.

    Dated: March 31, 2023.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2023-07227 Filed 4-6-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Rules and Regulations]
[Page 7797-7801]
[DOCID:fr20fe09-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0644; Directorate Identifier 2007-NM-321-AD;
Amendment 39-15659; AD 2008-18-02]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all BAE Systems (Operations) Limited (Jetstream)
Model 4101 airplanes. That AD currently requires repetitive tests for
free

movement of the capsule/bearing of the nose landing gear (NLG), and
related investigative and corrective actions. This new AD requires a
modified test for free movement of the capsule/bearing of the NLG at
reduced repeat intervals, and replacement of the NLG assembly with a
modified assembly. This AD results from additional reports of the NLG
failing to extend fully on an airplane that had been inspected in
accordance with AD 2004-14-07. We are issuing this AD to prevent
failure of the NLG to extend fully, which could result in reduced
controllability of the airplane during landing.

DATES: This AD becomes effective March 27, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 27,
2009.
    On August 13, 2004 (69 FR 41413, July 9, 2004), the Director of the
Federal Register approved the incorporation by reference of BAE Systems
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 1,
dated February 20, 2004.

ADDRESSES: For BAE Systems (Operations) Limited service information
identified in this AD, contact BAE Systems Regional Aircraft, 13850
McLearen Road, Herndon, Virginia 20171; telephone<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.baesystems.com/
Businesses/RegionalAircraft/index.htm.
    For APPH service information identified in this AD, contact APPH
Ltd., Engineering Division, Unit 1, 8 Pembroke Court, Manor Park,
Runcorn WA7 1TG, England; telephone +44 01928 532600; fax +44 01928
579626; e-mail<EMAIL_ADDRESS>Internet http://www.apph.co.uk/
home.html.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2004-14-07, amendment
39-13716 (69 FR 41413, July 9, 2004). The existing AD applies to all
BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. That
NPRM was published in the Federal Register on June 20, 2008 (73 FR
35089). That NPRM proposed to continue to require repetitive tests for
free movement of the capsule/bearing of the nose landing gear (NLG),
and related investigative and corrective actions. That NPRM also
proposed to require a modified test for free movement of the capsule/
bearing of the NLG at reduced repeat intervals, and replacement of the
NLG assembly with a modified assembly.

Comments

    We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the NPRM or
on the determination of the cost to the public.

Explanation of Changes Made to This AD

    This AD retains all of the proposed requirements of the NPRM. We
have revised the format of this AD according to guidelines regarding
service information references provided to us by the Office of the
Federal Register. To meet those guidelines, we have removed paragraph
(f), ``Service Bulletin References and Clarifications,'' and (f)(1), of
the NPRM. We have, instead, spelled out the applicable service bulletin
in each paragraph of this AD. As a result, the corresponding paragraph
identifiers have changed in this AD, as listed in the table titled
``Revised Paragraph Identifiers.'' For clarity, we have also added
certain paragraph headers to this AD.

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                          Corresponding  requirement in
   Proposed requirement in the NPRM                  this AD
------------------------------------------------------------------------
Paragraph (f).........................  removed.
Paragraph (f)(1)......................  removed.
Paragraph (f)(2)......................  paragraph (f).
Paragraph (f)(3)......................  paragraph (h).
Paragraph (f)(4)......................  paragraph (i).
Paragraph (f)(5)......................  paragraph (j).
Paragraph (f)(6)......................  paragraph (k).
Paragraph (f)(7)......................  paragraph (g).
Paragraph (g).........................  paragraph (l).
Paragraph (h).........................  paragraph (m).
Paragraph (i).........................  paragraph (n).
Paragraph (j).........................  paragraph (o).
Paragraph (k).........................  paragraph (p).
Paragraph (l).........................  paragraph (q).
Paragraph (m).........................  paragraph (r).
Paragraph (n).........................  paragraph (s).
------------------------------------------------------------------------

Conclusion

    We have carefully reviewed the available data, and determined that
air safety and the public interest require adopting the AD with the
changes described previously. We have determined that these changes
will neither increase the economic burden on any operator nor increase
the scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators
to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
                Action                   Work hours     Average labor       Parts          Cost per airplane       registered           Fleet cost
                                                        rate per hour                                               airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Testing for free movement of the NLG                6             $80              $0  $480, per cleaning,                    7  $3,360, per cleaning,
 capsule/bearing (required by AD 2004-                                                  lubrication, and                          lubrication, and
 14-07).                                                                                inspection cycle.                         inspection cycle.

Cleaning, lubrication, and inspecting               6              80              10  $490, per cleaning,                    7  $3,430, per cleaning,
 for free movement of the NLG capsule/                                                  lubrication, and                          lubrication, and
 bearing (new required action).                                                         inspection cycle.                         inspection cycle.
NLG assembly replacement.............               6              80           3,100  $3,580..................               7  $25,060.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-13716 (69 FR 41413, July 9, 2004) and by adding
the following new airworthiness directive (AD):

2008-18-02 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-15659. Docket No. FAA-
2008-0644; Directorate Identifier 2007-NM-321-AD.

Effective Date

    (a) This AD becomes effective March 27, 2009.

Affected ADs

    (b) This AD supersedes AD 2004-14-07.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited
Model Jetstream 4101 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from additional reports of the nose landing
gear (NLG) failing to extend fully on an airplane that had been
inspected in accordance with AD 2004-14-07. We are issuing this AD
to prevent failure of the NLG to extend fully, which could result in
reduced controllability of the airplane during landing.

Compliance

    (e) 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 the Requirements of AD 2004-14-07 (Reformatted)

Additional Sources of Service Information

    (f) BAE Systems (Operations) Limited Alert Service Bulletin J41-
A32-082, Revision 1, dated February 20, 2004, refers to APPH Service
Bulletin AIR83586-32-22, Revision 1, dated February 2004, as an
additional source of service information for accomplishing the
actions in BAE Systems (Operations) Limited Alert Service Bulletin
J41-A32-082, Revision 1, dated February 20, 2004. BAE Systems
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 3,
dated March 30, 2007, refers to APPH Service Bulletin AIR83586-32-
22, Revision 3, dated December 2006, as an additional source of
service information for accomplishing the actions in BAE Systems
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 3,
dated March 30, 2007.
    (g) BAE Systems (Operations) Limited Service Bulletin J41-A32-
084, dated November 30, 2005, refers to APPH Service Bulletin
AIR83586-32-25, dated October 2005, as an additional source of
service information for accomplishing the actions in BAE Systems
(Operations) Limited Service Bulletin J41-A32-084, dated November
30, 2005.

Credit for Actions Done Using Previous Issues of the Service
Information

    (h) Actions accomplished before the effective date of this AD
per the Accomplishment Instructions of BAE Systems (Operations)
Limited Alert Service Bulletin J41-A32-082, dated February 11, 2004;
BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082,
Revision 1, dated February 20, 2004; or BAE Systems (Operations)
Limited Alert Service Bulletin J41-A32-082, Revision 2, dated
November 25, 2005; are considered acceptable for the corresponding
actions required by this AD. (BAE Systems (Operations) Limited Alert
Service Bulletin J41-A32-082, Revision 2, dated November 25, 2005,
refers to APPH Service Bulletin AIR83586-32-22, Revision 2, dated
October 2005, as an additional source of service information for
accomplishing the actions in BAE Systems (Operations) Limited Alert
Service Bulletin J41-A32-082, Revision 2, dated November 25, 2005.)

Contacting the FAA Instead of the Manufacturer for Repair Instructions

    (i) Where BAE Systems (Operations) Limited Alert Service
Bulletin J41-A32-082, Revision 1, dated February 20, 2004; BAE
Systems (Operations) Limited Alert Service Bulletin J41-A32-082,
Revision 3, dated March 30, 2007; and APPH Service Bulletin
AIR83586-32-22, Revision 1, dated February 2004; specify to contact
BAE Systems or APPH for repair instructions: Before further flight,
repair per a method approved by the Manager, International Branch,
ANM-116, FAA, Transport Airplane Directorate; the Civil Aviation
Authority (CAA) (or its delegated agent); or the European Aviation
Safety Agency (EASA) (or its delegated agent).

Clarification of the Term ``Flying Hours''

    (j) Where the flow chart in BAE Systems (Operations) Limited
Alert Service Bulletin J41-A32-082, Revision 1, dated February 20,
2004; or BAE Systems (Operations) Limited Alert Service Bulletin
J41-A32-082, Revision 3, dated March 30, 2007; specifies ``flying
hours,'' for the purposes of this AD, this term means ``flight
hours.''

Reporting Not Required by This AD

    (k) Where BAE Systems (Operations) Limited Alert Service
Bulletin J41-A32-082, Revision 1, dated February 20, 2004; or BAE
Systems (Operations) Limited Alert Service Bulletin J41-A32-082,
Revision 3, dated March 30, 2007; specifies to complete a reporting
form and return it to the manufacturer, this AD does not require
that action.

Initial Test

    (l) Within 300 flight cycles or 30 days after August 13, 2004
(the effective date of AD 2004-14-07), whichever occurs first:
Perform a test for free movement of the NLG capsule/bearing, as
specified in the flow chart following paragraph 1.M. of BAE Systems
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 1,
dated February 20, 2004; or the flow chart following paragraph 1.N.
of BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-
082, Revision 3, dated March 30, 2007. After the effective date of
this AD, only BAE Systems (Operations) Limited Alert Service
Bulletin J41-A32-082, Revision 3, dated March 30, 2007, may be used
to perform the test for free movement. Do all of the actions per the
Accomplishment Instructions of BAE Systems (Operations) Limited
Alert Service Bulletin J41-A32-082, Revision 1, dated February 20,
2004; or BAE Systems (Operations) Limited Alert Service Bulletin
J41-A32-082, Revision 3, dated March 30, 2007. After the effective
date of this AD, only BAE Systems (Operations) Limited Alert Service
Bulletin J41-A32-082, Revision 3, dated March 30, 2007, may be used.

    Note 1: As specified in the flow chart following paragraph 1.M.
of BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-
082, Revision 1, dated February 20, 2004, only the actions in
paragraph 2.A. (Part 1) of the Accomplishment Instructions of APPH
Service Bulletin AIR83586-32-22, Revision 1, dated February 2004,
are required by paragraph (l) of this AD.

Related Investigative, Significant, and Corrective Actions

    (m) Perform related investigative, significant, and corrective
actions as specified in and at the compliance times specified in the
flow chart following paragraph 1.M. of BAE Systems (Operations)
Limited Alert Service Bulletin J41-A32-082, Revision 1, dated
February 20, 2004; or following paragraph 1.N. of BAE Systems
(Operations) Limited Alert Service Bulletin J41-A32-082, Revision 3,
dated March 30, 2007. Do all of the actions per the Accomplishment
Instructions of BAE Systems (Operations) Limited Alert Service
Bulletin J41-A32-082, Revision 1, dated February 20, 2004; or BAE
Systems (Operations) Limited Alert Service Bulletin J41-A32-082,
Revision 3, dated March 30, 2007; except as provided by paragraph
(k) of this AD. During any test, if the movement of the capsule/
bearing is restricted, the applicable corrective actions must be
accomplished before further flight. After the effective date of this
AD, only BAE Systems (Operations) Limited Alert Service Bulletin
J41-A32-082, Revision 3, dated March 30, 2007, may be used.

Parts Installation

    (n) As of August 13, 2004, no person may install an NLG on any
airplane unless it has been inspected in accordance with the
requirements of paragraphs (l) and (m) of this AD.

New Requirements of This AD

Repetitive Cleanings, Lubrications, and Inspections for Free Movement
of the NLG Capsule

    (o) Within 400 flight hours after the effective date of this AD,
or within 800 flight hours after the last test done in accordance
with paragraph (l) of this AD, whichever is later, but not exceeding
3,000 flight hours after the last test done in accordance with
paragraph (l) of this AD; and before further flight after each
scheduled or unscheduled NLG replacement: Clean, lubricate, and
inspect for free movement of the NLG capsule/bearing in accordance
with the Accomplishment Instructions and the flow chart provided in
paragraph 1.N. of BAE Systems (Operations) Limited Alert Service
Bulletin J41-A32-082, Revision 3, dated March 30, 2007.
    (1) For NLG capsules that have adequate free movement: At the
applicable interval specified in paragraphs (o)(1)(i) and (o)(1)(ii)
of this AD, repeat the cleaning, lubrication, and inspection for
free movement of the NLG capsule/bearing, in accordance with the
Accomplishment Instructions and the flow chart provided in paragraph
1.N. of BAE Systems (Operations) Limited Alert Service Bulletin J41-
A32-082, Revision 3, dated March 30, 2007.
    (i) For airplanes on which the modification specified in BAE
Systems (Operations) Limited Service Bulletin J41-A32-084, dated
November 30, 2005 (Modification JM41670), has not been accomplished,
repeat the actions specified in paragraph (o)(1) of this AD at
intervals not to exceed 800 flight hours after the last inspection
done in accordance with paragraph (o) of this AD.
    (ii) For airplanes on which the modification specified in BAE
Systems (Operations) Limited Service Bulletin J41-A32-084, dated
November 30, 2005 (Modification JM41670), has been accomplished,
repeat the actions specified in paragraph (o)(1) of this AD at
intervals not to exceed 3,000 flight hours after the last inspection
done in accordance with paragraph (o) of this AD.
    (2) For NLG capsules that do not have adequate free movement:
Before further flight, replace the NLG assembly with a serviceable
assembly in accordance with the Accomplishment Instructions and the
flow chart provided in paragraph 1.N. of BAE Systems (Operations)
Limited Alert Service Bulletin J41-A32-082, Revision 3, dated March
30, 2007. Thereafter, repeat the actions specified in paragraph (o)
of this AD at the applicable interval specified in paragraph (o)(1)
of this AD.

Replace the NLG Assembly With a Modified NLG Assembly

    (p) Within 48 months after the effective date of this AD:
Replace the NLG assembly with a modified assembly, in accordance
with BAE Systems (Operations) Limited Service Bulletin J41-32-084,
dated November 30, 2005. Thereafter, repeat the actions specified in
paragraph (o) of this AD at the applicable interval specified in
paragraph (o)(1) of this AD.

Parts Installation

    (q) As of the effective date of this AD, no person may install a
NLG on any airplane unless it has been inspected in accordance with
paragraph (o) of this AD.

Alternative Methods of Compliance (AMOCs)

    (r) 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1175; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.

Related Information

    (s) European Aviation Safety Agency airworthiness directive
2006-0131, dated May 18, 2006, also addresses the subject of this
AD.

Material Incorporated by Reference

    (t) You must use the applicable service information specified in
Table 1 of this AD to perform the actions that are required by this
AD, unless the AD specifies otherwise.

                                 Table 1--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
          Service information                      Revision level                            Date
----------------------------------------------------------------------------------------------------------------
APPH Service Bulletin AIR83586-32-22..  1..................................  February 2004.
APPH Service Bulletin AIR83586-32-22..  3..................................  December 2006.
APPH Service Bulletin AIR83586-32-25..  Original...........................  October 2005.
BAE Systems (Operations) Limited Alert  1..................................  February 20, 2004.
 Service Bulletin J41-A32-082.
BAE Systems (Operations) Limited Alert  3..................................  March 30, 2007.
 Service Bulletin J41-A32-082.
BAE Systems (Operations) Limited        Original...........................  November 30, 2005.
 Service Bulletin J41-32-084.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of service information specified in Table
2 of this AD; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

                                 Table 2--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
          Service information                      Revision level                            Date
----------------------------------------------------------------------------------------------------------------
APPH Service Bulletin AIR83586-32-22..  1..................................  February 2004.
APPH Service Bulletin AIR83586-32-22..  3..................................  December 2006.
APPH Service Bulletin AIR83586-32-25..  Original...........................  October 2005.
BAE Systems (Operations) Limited Alert  3..................................  March 30, 2007.
 Service Bulletin J41-A32-082.
BAE Systems (Operations) Limited        Original...........................  November 30, 2005.
 Service Bulletin J41-32-084.
----------------------------------------------------------------------------------------------------------------

    (2) On August 13, 2004 (69 FR 41413, July 9, 2004), the Director
of the Federal Register approved the incorporation by reference of
BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082,
Revision 1, dated February 20, 2004.
    (3) For service information identified in this AD, contact the
following manufacturers, as applicable.
    (i) BAE Systems Regional Aircraft, 13850 McLearen Road, Herndon,
Virginia 20171; telephone<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.baesystems.com/
Businesses/RegionalAircraft/index.htm.
    (ii) APPH Ltd., Engineering Division, Unit 1, 8 Pembroke Court,
Manor Park, Runcorn WA7 1TG, England; telephone +44 01928 532600;
fax +44 01928 579626; e-mail<EMAIL_ADDRESS>Internet http://
www.apph.co.uk/home.html.
    (4) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (5) You may also review copies of the service information at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 9, 2009.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9-3265 Filed 2-19-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Notices]
[Pages 51427-51431]
[FR Doc No: 2021-19860]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92915; File No. SR-CBOE-2021-050]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fees Schedule Relating to Its Lead Market-Maker Incentive Programs

September 9, 2021.
    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 September 1, 2021, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its Fees Schedule with respect to its Lead Market-Maker
(``LMM'') Incentive Programs. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule to amend: the Mini
Russell 2000 Index (``MRUT'') options LMM Incentive Program; the MSCI
EAFE Index (``MXEA'') options and MSCI Emerging Markets Index
(``MXEF'') options LMM Incentive Program (i.e., the MSCI LMM Incentive
Program); and the Regular Trading Hours (``RTH'') S&P 500 ESG Index
(``SPESG'') LMM Incentive Program, and to remove an expiring fee
waiver, effective September 1, 2021.
    Each LMM Incentive Program provides a rebate \3\ to Trading Permit
Holders (``TPHs'') with LMM appointments to the respective incentive
program that meet certain quoting standards in the applicable series in
a month. The Exchange notes that meeting or exceeding the quoting
standards (both current and as proposed; described in further detail
below) in each of the LMM Incentive Program products to receive the
applicable rebate (both currently offered and as proposed; described in
further detail below) is optional for an LMM appointed to a program.
Rather, an LMM appointed to an incentive program is eligible to receive
the corresponding rebate if it satisfies the applicable quoting
standards, which the Exchange believes encourages the LMM to provide
liquidity in the applicable class and trading session. The Exchange may
consider other exceptions to the programs' quoting standards based on
demonstrated legal or regulatory requirements or other mitigating
circumstances. In calculating whether an LMM appointed to an incentive
program meets the applicable program's quoting standards each month,
the Exchange excludes from the calculation in that month the business
day in which the LMM missed meeting or exceeding the quoting standards
in the highest number of the applicable series.
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    \3\ The proposed rule change updates the term ``payment'' to
``rebate'' in the MSCI and MRUT LMM Incentive Programs, which more
accurately reflects the type of payment an LMM appointed to the MRUT
or MSCI LMM Incentive Program is eligible to receive and is
consistent with language in the other LMM Incentive Programs.
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MRUT LMM Incentive Program
    The Exchange first proposes to amend its MRUT LMM Incentive
Program. Currently, the program provides that if the appointed LMM in
MRUT provides continuous electronic quotes during RTH that meet or
exceed the program's heightened quoting standards \4\ in at least 99%
of the series 90% of the time in a given month, the LMM will receive a
rebate \5\ for that month in the amount of $20,000 (or pro-rated amount
if an appointment begins after the first trading day of the month or
ends prior to the last trading day of the month).
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    \4\ Located in the ``MRUT LMM Incentive Program'' table in the
Fees Schedule.
    \5\ See supra note 3.
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to amend certain quotes widths
contained in the MRUT LMM Incentive Program's heightened quoting
standards. Currently, for expiring MRUT options (14 days or less), the
appointed LMM must meet, among other heightened quoting standards, a
$0.15 width for a quote size of 1 contract at a premium level of $1.01
to $3.00 and a $0.15 width for a quote size of 1 contract at a premium
level of $3.01 to $5.00. The proposed rule change marginally decreases
both such widths in these categories to $0.14. Currently, for MRUT
options expiring in the near term (15 days to 60 days), the appointed
LMM must meet, among other heightened quoting standards, a $0.15 width
for a quote size of 1 contract at a premium level of $1.01 to $3.00, a
$0.18 width for a quote size of one contract at a premium level of
$3.01 to $5.00, and a $0.20 width for a quote size of 1 contract at a
premium level of $5.01 to $10.00. The proposed rule change marginally
decreases these widths to a $0.13 width, a $0.16 width, and a $0.18
width, respectively. The Exchange also proposes to increase the
compensation payment offered by the MRUT LMM Incentive Program to an
LMM appointed to the program for meeting the

heightened quoting standards in a month from $20,000 to $25,000.
    The proposed rule change also makes a nonsubstantive, clarifying
change to the language regarding the program's MRUT Volume Incentive
Pool, which currently states that, ``in addition to the above rebate,
if the appointed LMM meets or exceeds the above heightened quoting
standards in a given month and provides an average daily volume
(``ADV'') in MRUT that meets or exceeds 25,000 contracts in a given
month, the LMM will receive the Monthly ADV Payment amount that
corresponds to the level of ADV in MRUT for that month per the MRUT
Volume Incentive Pool program below.'' As proposed, this language
provides that, if in addition to the above rebate, if the appointed LMM
meets or exceeds the above heightened quoting standards in a given
month, the LMM will receive the Monthly ADV Payment amount that
corresponds to the level of ADV provided by the LMM in MRUT for that
month per the MRUT Volume Incentive Pool program below. The Exchange
believes the updated language is simpler and more straightforward
regarding the application of the MRUT Volume Incentive Pool program to
an LMM that meets or exceeds the program's heightened quoting
standards. The Exchange believes that the proposed rule change will
encourage LMMs appointed to the MRUT LMM Incentive Program to strive to
meet tighter width standards in MRUT options in order to receive the
proposed higher rebate offered under the MRUT LMM Incentive Program.
Tighter spreads generally signal an increase in activity from other
market participants, contributing to overall deeper, more liquid
markets, price discovery and transparency, and a robust market
ecosystem to the benefit of all market participants.
    In addition to this, the proposed rule change also makes a
nonsubstantive change to the Fees Schedule by removing an expiring fee
waiver in footnote 32 (and the locations in the Fees Schedule to which
it is appended to MRUT options for Market-Maker and Firm transaction
fees in the Rate Table--All Products Excluding Underlying Symbol List
A), which provides that transaction fees for orders executed in MRUT
options with a capacity code of ``F'', ``L'', or ``M'' will be waived
through August 31, 2021. As intended, the waiver expired on August 31,
2021 and such orders will be assessed the standard transaction fees for
orders submitted in MRUT options in a Market-Maker ($0.03 per contract)
or Firm ($0.02 per contract) capacity.
MSCI (MXEA and MXEF) LMM Incentive Program
    The Exchange proposes to amend its MSCI LMM Incentive Program.
Currently, the program provides that if the appointed LMM in MXEA and
MXEF options (collectively, ``MSCI options'') provides continuous
electronic quotes during RTH that meet or exceed the heightened quoting
standards \6\ in at least 90% of the MXEA and MXEF series 80% of the
time in a given month, the LMM will receive a rebate \7\ for that month
in the amount of $20,000 per class, per month.\8\
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    \6\ Located in the ``MSCI LMM Incentive Program'' table in the
Fees Schedule.
    \7\ See supra note 3.
    \8\ The proposed rule change also makes a nonsubstantive
clarifying change that makes it explicit that the monthly payment
may be a pro-rated amount if an appointment begins after the first
trading day of the month or ends prior to the last trading day of
the month, consistent with language currently in each of the LMM
Incentive Programs and the manner in which the MSCI LMM Incentive
Program currently works today.
---------------------------------------------------------------------------

    First, the Exchange proposes to amend the number of days for MSCI
options to be considered as ``expiring'' and as ``near-term'' per the
program. Specifically, the proposed rule change updates the days to
expiry for MSCI options to be considered as expiring for purposes of
the program from 7 days or less to 6 days or less and updates the days
to expiry for MSCI options to be considered as near-term for the
purposes of the program from 8 days to 60 days to 7 days to 60 days.
The Exchange has observed that there is more significant demand for and
participation in MSCI options with time to expiration of a week or
more, whereas those options with less than a week to expiration tend to
experience significantly less demand and participation, wherein it
becomes more difficult for LMMs to quote within specified widths and
sizes. As a result, the proposed rule change to update the days to
expiry within the expiring and near-term categories is intended to
delineate the expiry categories in a manner that better reflects the
differences in market characteristics, and thus the difference in the
difficulty in meeting the quoting standards that correspond to each,
between options that expire in less than a week and options that expire
in a week or more (up to 60 days).
    Next, the Exchange proposes to amend certain quote widths and sizes
contained in the MSCI LMM Incentive Program's heightened quoting
standards. Currently, for expiring MSCI options, the appointed LMM must
meet, among other heightened quoting standards, a $3.00 width for a
quote size of 5 contracts at a premium of $1.01 to $3.00. The proposed
rule change marginally decreases this width to $2.50. For MSCI options
expiring in the near-term, the appointed LMM must currently meet, among
other heightened quoting standards, a $1.20 width for a quote size of
20 contracts at a premium level of $0.00 to $5.00 and a $5.00 width for
a quote size of 10 contracts at a premium level of $15.01 to $50.00.
The proposed rule change marginally reduces these widths to $1.05 and
$4.50, respectively. Additionally, the proposed rule change also
slightly reduces the quote size standards for most all of the premium
categories for MSCI options expiring in the near-term. More
specifically, the proposed rule change reduces the quote size standard
of 20 contracts at a premium level of $0.00 to $5.00 to 12 contracts,
the quote size standard of 15 contracts at a premium level of $5.01 to
$15.00 to 9 contracts, the quote size standard of 10 contracts at a
premium level of $15.01 to $50.00 to 7 contracts, the quote size
standard of 7 contracts at a premium level of $50.01 to $100.00 to 5
contracts, and the quote size standard of 3 contracts at a premium
level of $100.01 to $200.00 to 2 contracts. For MSCI options expiring
in the mid-term (61 days to 270 days), the appointed LMM must currently
meet, among other heightened quoting standards, a $10.00 width for a
quote size of 57 [sic] contracts at a premium of $15.01 to $50.00. The
proposed rule change also marginally decreases this quote width to
$9.00. The proposed rule change also slightly reduces the quote size
standards for certain premium categories for MSCI options expiring in
the mid-term by reducing the quote size standard of 15 contracts at a
premium level of $0.00 to $5.00 to 10 contracts, the quote size
standard of 10 contracts at a premium level of $5.01 to $15.00 to 8
contracts, and the quote size standard of 2 [sic] contracts at a
premium level of $100.01 to $200.00 to 2 contracts.
    The Exchange believes that the proposed tighter widths and smaller
quote sizes for the MSCI LMM Incentive Program's heightened quoting
requirements will incentivize LMMs appointed to the program to make
tighter markets and quote more aggressively in MSCI options to receive
the current rebate offered under the program, resulting in tighter
spreads and increased liquidity to the benefits of investors.
RTH SPESG LMM Incentive Program
    The Exchange proposes to amend the RTH SPESG LMM Incentive Program.
Currently, the program provides that, if

the appointed LMM provides continuous electronic quotes during RTH that
meet or exceed the program's heightened quoting standards \9\ in at
least 60% of SPESG series 90% of the time in a given month, the LMM
will receive a rebate for that month in the amount of a pro-rata share
of a compensation pool equal to $50,000 (or pro-rated amount if an
appointment begins after the first trading day of the month or ends
prior to the last trading day of the month) for that month. If, for
example, two LMMs meet the heightened continuous quoting standard in
SPESG during a month, each will receive $25,000. If only one LMM meets
the heightened continuous quoting standard in SPESG during a month,
that LMM would receive $50,000 and the other one would receive nothing.
The Exchange proposes to eliminate the compensation pool structure (and
related explanatory language) currently applicable to the RTH SPESG LMM
Incentive Program and adopt a flat-rate rebate structure per month,
consistent with the current flat-rate rebate structure of the other LMM
Incentive Programs. Specifically, the proposed rule change provides
that if the appointed LMM provides continuous electronic quotes during
RTH that meet or exceed the same heightened quoting standards in the
same percentage of the series (60%) for the same percentage of the time
(90%) in a given month, the LMM will receive a rebate for that month in
the amount of $20,000 (or pro-rated amount if an appointment begins
after the first trading day of the month or ends prior to the last
trading day of the month) for that month.
---------------------------------------------------------------------------

    \9\ Located in the ``RTH SPESG LMM Incentive Program'' table in
the Fees Schedule.
---------------------------------------------------------------------------

    The Exchange also proposes to offer an SPESG Volume Incentive Pool
under the RTH SPESG LMM Incentive Program, like that offered under the
MRUT LMM Incentive Program. Specifically, the proposed rule change to
the program provides that, in addition to the above rebate (i.e., the
proposed $20,000 per month rebate), if the appointed LMM meets or
exceeds the above heightened quoting standards in a given month, the
LMM will receive the Monthly ADV Payment amount that corresponds to the
level of ADV provided by the LMM in SPESG for that month per the SPESG
Volume Incentive Pool program below.

------------------------------------------------------------------------
                                                                Monthly
                          SPESG ADV                               ADV
                                                                payment
------------------------------------------------------------------------
0-999 contracts..............................................      $0.00
1,000-4,999 contracts........................................      5,000
5,000-10,000 contracts.......................................     15,000
Greater than 10,000 contracts................................     20,000
------------------------------------------------------------------------

    The proposed SPESG Volume Incentive Pool offered by the RTH SPESG
LMM Incentive Program is designed to incentivize LMMs to further
increase the provision of liquidity in SPESG options. Increased
liquidity in SPESG options would, in turn, provide greater trading
opportunities, added market transparency and enhanced price discovery
for all market participants in SPESG.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\10\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \11\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with
Section 6(b)(4) of the Act,\12\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its Trading Permit Holders and other persons using
its facilities.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Regarding each of the LMM Incentive Programs generally, the
Exchange believes it is reasonable, equitable and not unfairly
discriminatory to continue to offer these financial incentives,
including as amended, to LMMs appointed to the programs, because it
benefits all market participants trading in the corresponding products
during RTH. These incentive programs encourage the LMMs appointed to
such programs to satisfy the heightened quoting standards, which may
increase liquidity and provide more trading opportunities and tighter
spreads. Indeed, the Exchange notes that these LMMs serve a crucial
role in providing quotes and the opportunity for market participants to
trade MRUT, MSCI and SPESG options, as applicable, which can lead to
increased volume, providing for robust markets. The Exchange ultimately
offers the LMM Incentive Programs, as amended, to sufficiently
incentive LMMs appointed to each incentive program to provide key
liquidity and active markets in the corresponding program products
during the corresponding trading sessions, and believes that these
incentive programs, as amended, will continue to encourage increased
quoting to add liquidity in each of the corresponding program products,
thereby protecting investors and the public interest. The Exchange also
notes that an LMM appointed to an incentive program may undertake added
costs each month in order to satisfy that heightened quoting standards
(e.g., having to purchase additional logical connectivity).
    Particularly, the Exchange believes that it is reasonable to amend
certain widths and sizes in the heightened quoting standards under the
MRUT and MSCI LMM Incentive Programs, as applicable. The Exchange
believes the proposed rule change to tighten certain widths and reduce
certain quote size standards in the MRUT and MSCI LMM Incentive
Programs, as applicable, is reasonably designed to facilitate LMMs
appointed to the MRUT and MSCI Incentive Programs to post tighter
spreads and more aggressive quotes in MRUT and MSCI options, as
applicable, in order to meet the heightened quoting standards and
receive the rebate offered under the incentive program. An increase in
quoting activity and tighter quotes tends to signal additional
corresponding increase in order flow from other market participants,
which benefits all investors by deepening the Exchange's liquidity
pool, potentially providing even greater execution incentives and
opportunities, offering additional flexibility for all investors to
enjoy cost savings, supporting the quality of price discovery,
promoting market transparency and improving investor protection. The
Exchange also believes that the proposed widths and sizes are
reasonable because they remain generally aligned with the current
heightened standards in each program, as the proposed widths and sizes
are only marginally reduced in order to incentivize an increase in
quoting activity and the provision of tighter markets. The Exchange
also notes that another options exchange offers similar incentive
programs with

corresponding quote widths, sizes and premiums of comparable
ranges.\13\ Likewise, the Exchange believes that the proposed rule
change to adopt an SPESG Volume Incentive Pool as part of the RTH SPESG
LMM Incentive Program is reasonably designed to continue to encourage
LMMs appointed to the incentive program to provide significant
liquidity in SPESG options during RTH. The Exchange notes that the MRUT
LMM Incentive Program also offers a volume incentive pool structured in
a substantially similar manner.
---------------------------------------------------------------------------

    \13\ See e.g., Nasdaq Phlx Options 7 Pricing Schedule, Section
5.B, XND Incentive Program.
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable to amend the number of
days to expiration that comprise certain expiry categories in the MSCI
LMM Incentive Programs as this update is reasonably designed to make it
easier for the LMMs appointed to the incentive program to satisfy the
heightened quoting standards for options expiring a certain number of
days out, by better aligning the applicable category of heightened
quoting standards with the level of demand for MSCI options that expire
in less than a week versus a week or more out.
    The Exchange believes that it is reasonable to amend the monthly
rebate amounts applicable to the MRUT and RTH SPESG LMM Incentive
Programs. The Exchange believes that the proposed increased rebate
amounts are reasonably designed to continue to incentivize an appointed
LMM to meet the applicable quoting standards for MRUT and SPESG
options, thereby providing liquid and active markets, which facilitates
tighter spreads, increased trading opportunities, and overall enhanced
market quality to the benefit of all market participants. The Exchange
believes that the proposed rule change to eliminate the compensation
pool structure in the RTH SPESG LMM Incentive Program and replace it
with a flat-rate rebate structure is reasonable because it is
consistent with the flat-rate rebate structure currently applicable to
each of the other LMM Incentive Programs. The Exchange further believes
that the proposed rule change to amend the rebate amount received for
MRUT ($25,000) and SPESG options ($20,000) is reasonable because it is
comparable to the rebates offered by other LMM Incentive Programs. For
example, the MSCI LMM Program currently offers $20,000 per each class
(MXEF and MXEA) in which the heightened quoting standards are met in a
given month and the GTH VIX/VIXW LMM Incentive Program offers $15,000
for VIX options in which the quoting standards are met in VIX options a
given month.
    The Exchange believes that the proposed changes to the LMM
Incentive Programs are equitable and not unfairly discriminatory. The
Exchange believes that it is equitable and not unfairly discriminatory
to amend certain quoting widths and sizes in the MRUT and MSCI LMM
Incentive Program, to adopt a volume incentive pool for the RTH SPESG
LMM Incentive Program and to update the number of days to expiration
for certain expiry categories in the MSCI LMM Incentive Program because
such quote widths and sizes, volume pool program and expiry categories
will equally apply to any and all TPHs with LMM appointments to the
MRUT, MSCI and RTH SPESG LMM Incentive Programs, as applicable, that
seek to meet the programs' heightened quoting standards in order to
receive the rebates offered (both current and proposed, as applicable)
under each respective program. The Exchange believes the proposed
rebates applicable to the MRUT and RTH SPESG LMM Incentive Programs are
equitable and not unfairly discriminatory because they, too, will
equally apply to any TPH that is appointed as an LMM to the MRUT and
RTH SPESG LMM Incentive Programs. Additionally, if an LMM appointed to
any of the LMM Incentive Programs does not satisfy the corresponding
heightened quoting standard for any given month, then it simply will
not receive the rebate offered by the respective program for that
month.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
    The Exchange believes the proposed rule change does impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
changes to existing LMM Incentive Programs will apply to all LMMs
appointed to the applicable program classes (i.e., MRUT, MXEF, MXEA and
SPESG) in a uniform manner. To the extent these LMMs appointed to an
incentive program receive a benefit that other market participants do
not, as stated, these LMMs in their role as Mark-Makers on the Exchange
have different obligations and are held to different standards. For
example, Market-Makers play a crucial role in providing active and
liquid markets in their appointed products, thereby providing a robust
market which benefits all market participants. Such Market-Makers also
have obligations and regulatory requirements that other participants do
not have. The Exchange also notes that an LMM appointed to an incentive
program may undertake added costs each month to satisfy that heightened
quoting standards (e.g., having to purchase additional logical
connectivity). The Exchange also notes that the incentive programs are
designed to attract additional order flow to the Exchange, wherein
greater liquidity benefits all market participants by providing more
trading opportunities, tighter spreads, and added market transparency
and price discovery, and signals to other market participants to direct
their order flow to those markets, thereby contributing to robust
levels of liquidity.
    The Exchange believes the proposed rule change does not impose any
burden on intermarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act as the LMM Incentive Programs
apply only to transactions in products exclusively listed on Cboe
Options. Additionally, as noted above, the incentive programs are
designed to attract additional order flow to the Exchange, wherein
greater liquidity benefits all market participants by providing more
trading opportunities, tighter spreads, and added market transparency
and price discovery, and signals to other market participants to direct
their order flow to those markets, thereby contributing to robust
levels of liquidity. The Exchange notes it operates in a highly
competitive market. In addition to Cboe Options, TPHs have numerous
alternative venues that they may participate on and director their
order flow, including 15 other options exchanges, as well as off-
exchange venues, where competitive products are available for trading.
Based on publicly available information, no single options exchange has
more than 15% of the market share of executed volume of options
trades.\14\ Therefore, no exchange possesses significant pricing power
in the execution of option order flow. Moreover, the Commission has
repeatedly expressed its preference for competition over regulatory
intervention in determining prices, products, and services in the
securities markets. Specifically, in Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues

and, also, recognized that current regulation of the market system
``has been remarkably successful in promoting market competition in its
broader forms that are most important to investors and listed
companies.'' \15\ The fact that this market is competitive has also
long been recognized by the courts. In NetCoalition v. Securities and
Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''.\16\ Accordingly, the Exchange does not believe its
proposed changes to the incentive programs impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \14\ See Cboe Global Markets, U.S. Options Market Volume Summary
by Month (August 24, 2021), available at http://markets.cboe.com/us/options/market_share/.
    \15\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \16\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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) of the Act \17\ and paragraph (f) of Rule 19b-4 \18\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2021-050 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2021-050. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2021-050 and should be submitted on
or before October 6, 2021.
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19860 Filed 9-14-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42012-42014]
[FR Doc No: 2015-17023]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0926; Directorate Identifier 2014-NM-085-AD;
Amendment 39-18204; AD 2015-14-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 747-8 and 747-8F series airplanes. This AD was
prompted by an analysis, which indicated that in a limited flight
envelope with specific conditions, divergent flutter could occur during
a high g-load maneuver in combination with certain system failures.
This AD requires replacing the lateral control electronic (LCE)
modules, replacing the inboard elevator power control packages (PCPs),
installing new external compensators for the PCPs, and revising the
maintenance or inspection program. We are issuing this AD to prevent
certain system failures from resulting in divergent flutter, and
subsequent loss of continued safe flight and landing.

DATES: This AD is effective August 20, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 20,
2015.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0926.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0926; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Douglas Tsuji, Senior Aerospace
Engineer, Systems and Equipment Branch, ANM-130S, Seattle Aircraft
Certification Office, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 747-8 and 747-8F series airplanes. The NPRM published in the
Federal Register on December 17, 2014 (79 FR 75100). The NPRM was
prompted by an analysis, which indicated that in a limited flight
envelope with specific conditions, divergent flutter could occur during
a high g-load maneuver in combination with certain system failures. The
NPRM proposed to require replacing the LCE modules, replacing the
inboard elevator PCPs, installing new external compensators for the
PCPs, and revising the maintenance or inspection program. We are
issuing this AD to prevent certain system failures from resulting in
divergent flutter, and subsequent loss of continued safe flight and
landing.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received. Boeing supported the
NPRM (79 FR 75100, December 17, 2014).

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 75100, December 17, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 75100, December 17, 2014).

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information.
     Boeing Alert Service Bulletin 747-27A2506, dated February
3, 2014, which describes procedures for replacing the LCE modules.
     Boeing Service Bulletin 747-27A2513, Revision 1, dated
July 18, 2014, which describes procedures for installing the inboard
elevator compensator and replacing the PCP.
    We have also reviewed Boeing 747-8/8F Certification Maintenance
Requirements (CMRs) Document D011U721-02-03, Revision December 2013,
which contains the following tasks in Section G., ``CMR Tasks'':
     Item Number 27-CMR-10, ``Lubricate inboard elevator hinge
bearings.''
     Item Number 27-CMR-11, ``Functional check of inboard
elevator hinge bearing and power control unit rod end bearing free
play.''
    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 of this
AD.

Costs of Compliance

    We estimate that this AD affects 8 airplanes of U.S. registry
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement of LCEs...................  4 work-hours x $85 per                $0            $340          $2,720
                                         hour = $340.
Replacement of inboard elevator PCPs    57 work-hours x $85 per           44,894          49,739         397,912
 and installation of external inboard    hour = $4,845.
 elevator compensators.
Revision to maintenance or inspection   1 work-hour x $85 per                  0              85             680
 program.                                hour = $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, all of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2015-14-06 The Boeing Company: Amendment 39-18204; Docket No. FAA-
2014-0926; Directorate Identifier 2014-NM-085-AD.

(a) Effective Date

    This AD is effective August 20, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of
this AD.
    (1) Model 747-8 and 747-8F series airplanes, as identified in
Boeing Alert Service Bulletin 747-27A2506, dated February 3, 2014.
    (2) Model 747-8 and 747-8F series airplanes, as identified in
Boeing Service Bulletin 747-27A2513, Revision 1, dated July 18,
2014.
    (3) Model 747-8 series airplanes that are operated less than
1,200 flight hours per calendar year.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an analysis, which indicated that in a
limited flight envelope with specific conditions, divergent flutter
could occur during a high g-load maneuver in combination with
certain system failures. We are issuing this AD to prevent certain
system failures from resulting in divergent flutter, and subsequent
loss of continued safe flight and landing.

(f) Compliance

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

(g) Replacement of Lateral Control Electronic (LCE) Modules

    For airplanes identified in paragraph (c)(1) of this AD: Within
12 months after the effective date of this AD, replace the LCE
modules with new LCE modules having revised software, and do an
operational test of the LCE modules, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
27A2506, dated February 3, 2014. If the operational test fails,
before further flight, do corrective actions and repeat the
operational test and applicable corrective actions until the
operational test passes.

(h) Replacement of Inboard Elevator Power Control Packages (PCPs) and
Installation of External Inboard Elevator Compensators

    For airplanes identified in paragraph (c)(2) of this AD: Within
60 months after the effective date of this AD, replace both inboard
elevator PCPs with new PCPs that have the internal compensators
removed, install two larger external compensators for each PCP, and
do an operational test of each inboard elevator PCP, in accordance
with the Accomplishment Instructions of Boeing Service Bulletin 747-
27A2513, Revision 1, dated July 18, 2014. If the operational test
fails, before further flight, do corrective actions and repeat the
operational test and applicable corrective actions until the
operational test passes.

(i) Revision to the Maintenance or Inspection Program

    For all airplanes: Within 90 days after the effective date of
this AD, revise the maintenance or inspection program, as
applicable, to incorporate Item Numbers 27-CMR-10, ``Lubricate
inboard elevator hinge bearings,'' and 27-CMR-11, ``Functional check
of inboard elevator hinge bearing and power control unit rod end
bearing free play,'' of Section G., ``CMR Tasks,'' of the Boeing
747-8/8F Certification Maintenance Requirements (CMRs) Document
D011U721-02-03, Revision December 2013. The initial compliance times
and repetitive intervals for

the lubrication and functional check are specified in paragraphs
(i)(1) and (i)(2) of this AD.
    (1) For airplanes identified in paragraphs (c)(1) and (c)(2) of
this AD that are not identified in paragraph (c)(3) of this AD:
    (i) The initial compliance time for the lubrication of the
inboard elevator hinge bearings is within 18 months after the most
recent lubrication. The repetitive lubrication intervals are
specified in Item Number 27-CMR-10, ``Lubricate inboard elevator
hinge bearings,'' of Section G., ``CMR Tasks,'' of the Boeing 747-8/
8F Certification Maintenance Requirements (CMRs) Document D011U721-
02-03, Revision December 2013.
    (ii) The initial compliance time for the functional check of the
inboard elevator hinge bearing and power control unit rod end
bearing freeplay is within 12 months after the effective date of
this AD. The repetitive functional check intervals are specified in
Item Number 27-CMR-11, ``Functional check of inboard elevator hinge
bearing and power control unit rod end bearing free play,'' of
Section G., ``CMR Tasks,'' of the Boeing 747-8/8F Certification
Maintenance Requirements, D011U721-02-03, Revision December 2013.
    (2) For airplanes identified in paragraph (c)(3) of this AD:
    (i) The initial compliance time for the lubrication of the
inboard elevator hinge bearings is within 24 months after the most
recent lubrication. Repeat the lubrication thereafter at intervals
not to exceed 24 months.
    (ii) The initial compliance time for the functional check of the
inboard elevator hinge bearing and power control unit rod end
bearing freeplay is within 36 months after the effective date of
this AD. Repeat the functional check thereafter at intervals not to
exceed 36 months.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on
any airplane an LCE having part number (P/N) CA49253-001 or CA49253-
002, or an inboard elevator PCP having P/N<PHONE_NUMBER>.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 747-
27A2513, dated February 4, 2014, which is not incorporated by
reference in this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (m)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(l)(4)(i) and (l)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition

(m) Related Information

    (1) For more information about this AD, contact Douglas Tsuji,
Senior Aerospace Engineer, Systems and Equipment Branch, ANM-130S,
Seattle Aircraft Certification Office, FAA, 1601 Lind Avenue SW.,
Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-27A2506, dated February 3,
2014.
    (ii) Boeing Service Bulletin 747-27A2513, Revision 1, dated July
18, 2014.
    (iii) Boeing 747-8/8F Certification Maintenance Requirements
(CMRs) Document D011U721-02-03, Revision December 2013.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 1, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-17023 Filed 7-15-15; 8:45 am]
BILLING CODE 4910-13-P


2-25-15 Redline Changes Reply
   1) Page 15.  Modify the Miscellaneous (mainly wildfire emissions, dust and some agricultural operations)
   2) Page 135 1[st] full paragraph:
If wildfire impacts are significant, contributing to exceedances of the standard, the
EPA proposes that air agencies should consider RACM for this source and seeks comment on this guidance.  Fires play an important ecological role across the globe, benefiting those plant and animal species that depend upon natural fires for propagation, habitat restoration, and reproduction.  Fires are one tool that can be used to reduce fuel load, unnatural understory, and tree density, helping to reduce the risk of catastrophic wildfires.  Some wildfires and the use of prescribed fire can influence the occurrence of catastrophic wildfires which may reduce the probability of fire-induced smoke impacts and subsequent health effects. RACM must be determined for each area on a case-by case basis. Possible RACM for wildfire may include measures that reduce wildland fuels through fuels management, including the use of prescribed fire and possibly allowing some wildfire to occur naturally in systems that are ecologically fire dependent. Where appropriate, states, land managers, and landowners may consider developing plans to ensure that fuel accumulations are addressed and fuels management efforts, including prescribed fire, are not delayed. The EPA also proposes that air agencies should consider RACM for managing emissions from prescribed fires (including those prescribed fires conducted to reduce future wildfire emissions) and seeks comment on this approach. Information is available from the DOI and the USDA Forest Service on smoke management programs and basic smoke management practices. The EPA requests input on practical considerations associated with RACM for wildfire and prescribed fire, including such issues as how such measures can be characterized in the emissions inventory and attainment demonstration and made federally enforceable for adoption in a
SIP.

   3) Page 416 combined two additions that were requested.  We are fine with the page 416 combination. However we still want the addition in the early section on emissions inventory development as initially requested (page 106 original draft) or something close such as proposed below which provides a bit more context.  This addition is needed because prescribed burns are conducted variably year-to-year depending on fire cycle and weather conditions by state, tribal and private land owners and managers.  Only federal activities are the focus of the General Conformity provisions and discussion on page 416.

Significant tracts of wildland under federal management may also be included in nonattainment area boundaries. The role of fire in these areas should be assessed and emissions budgets developed in concert with those federal land managers and owners ment agencies. In such areas the EPA encourages states to consider in any baseline, modeling and SIP attainment inventory used and/or submitted to include emissions expected from projects subject to general conformity and , including emissions from wildland fire that may be reasonably expected in the area. Where appropriate, states may consider developing plans for addressing wildland fuels in collaboration with land managers and owners. Information is available from DOI and USDA Forest Service on the ecological role of fire and on smoke management programs and basic smoke management practices.

   4) Page 440 last sentence needs to be parallel to the Ozone Implementation Rule (see bottom of page 113 in the final rule as posted by EPA on their website).

Depending on the nature and scope of international and interstate emissions events affecting air quality in the U.S., the EPA may be able to assist states in developing approvable exceptional events demonstrations.