[Federal Register: May 14, 2009 (Volume 74, Number 92)]
[Notices]
[Page 22794-22796]
[DOCID:fr14my09-89]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59875; File No. SR-NASDAQ-2009-043]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify DOT, SCAN and STGY Routing Strategies To Incorporate an Optional
Pre-Routing Display Period

May 6, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 30, 2009, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by Nasdaq. Nasdaq has designated the proposed rule change as
constituting a non-controversial rule change under Rule 19b-4(f)(6)
under the

Act,\3\ which renders the proposal effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes a rule change to modify its DOT, SCAN and STGY
routing strategies so as to incorporate an optional pre-routing display
period for all orders using such strategies.
    The text of the proposed rule change is below. Proposed new
language is italicized.
4758. Order Routing
    (a) Order Routing Process
    (1) The Order Routing Process shall be available to Participants
from 7 a.m. until 8 p.m. Eastern Time, and shall route orders as
described below: All routing of orders shall comply with Rule 611 of
Regulation NMS under the Exchange Act.
    (A) The System provides three routing options. Of these three, DOT
is only available for orders ultimately sought to be directed to either
the New York Stock Exchange (``NYSE'') or NYSE Amex. The System will
consider the quotations only of accessible markets. The three System
routing options are:

    (i) DOT (``DOT'')--under this option, after checking the System
for available shares if so instructed by the entering firm, orders
are sent to other available market centers for potential execution,
per entering firm's instructions, before being sent to the
destination exchange, so long as the price at such market centers
would not violate the Order Protection Rule. If instructed by the
entering firm, prior to sending orders to other available markets,
such orders shall be displayed to Nasdaq market participants (and
market data vendors) for potential execution, at the NBBO price, for
a period of time not to exceed 3 seconds as determined by Nasdaq.
Any un-executed portion will thereafter be sent to the NYSE or NYSE
Amex, as appropriate, at the order's original limit order price.
This option may only be used for orders with time-in-force
parameters of either SDAY, SIOC, MDAY, MIOC, GTMC or market-on-open/
close. Notwithstanding the foregoing, orders designated for
participation in the NYSE or NYSE Amex opening or closing processes
will not check the System for available shares prior to routing.
    (ii) Reactive Electronic Only (``STGY'')--under this option,
after checking the System for available shares if so instructed by
the entering firm, orders are sent to other available market centers
for potential execution, per entering firm's instructions. When
checking the book, the System will seek to execute at the price it
would send the order to a destination market center. If instructed
by the entering firm, prior to sending orders to other available
markets, such orders shall be displayed to Nasdaq market
participants (and market data vendors) for potential execution, at
the NBBO price, for a period of time not to exceed 3 seconds as
determined by Nasdaq. If shares remain un-executed after routing,
they are posted on the book. Once on the book, should the order
subsequently be locked or crossed by another accessible market
center, the System shall route the order to the locking or crossing
market center. With the exception of the Minimum Quantity order
type, all time-in-force parameters and order types may be used in
conjunction with this routing option.
    (iii) Electronic Only Scan (``SCAN'')--under this option, after
checking the System for available shares if so instructed by the
entering firm, orders are sent to other available market centers for
potential execution, per entering firm's instructions, in compliance
with Rule 611 under Regulation NMS. When checking the book, the
System will seek to execute at the price it would send the order to
a destination market center. If instructed by the entering firm,
prior to sending orders to other available markets, such orders
shall be displayed to Nasdaq market participants (and market data
vendors) for potential execution, at the NBBO price, for a period of
time not to exceed 3 seconds as determined by Nasdaq. If shares
remain un-executed after routing, they are posted on the book. Once
on the book, should the order subsequently be locked or crossed by
another market center, the System will not route the order to the
locking or crossing market center. With the exception of the Minimum
Quantity order type, all time-in-force parameters and order types
may be used in conjunction with this routing option.
    Orders that do not check the System for available shares prior
to routing may not be sent to a facility of an exchange that is an
affiliate of Nasdaq, except for orders that are sent to the NASDAQ
OMX BX Equities Market.
    (B) No change.

    (b) No change.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq is proposing to expand its DOT, SCAN and STGY routing
strategies to provide an optional pre-routing display period for orders
using those strategies. Under the proposal, orders entered using any
form of the DOT, SCAN or STGY routing strategies will, after first
executing to the maximum extent possible in Nasdaq's book, have their
remaining share amounts and prices displayed to Nasdaq market
participants and market data vendors for a period of time determined by
Nasdaq which will not exceed 3 seconds. This display to Nasdaq market
participants and market data vendors shall take place before routing
any order or order remainder to any other available market and will be
the default processing preference for the DOT, SCAN and STGY
strategies. Parties not wishing to have their orders displayed prior to
routing may direct the system to avoid the pre-routing display period.
    Nasdaq notes that such pre-routing display functionality has
already been approved by the Commission for use by the CBOE Stock
Exchange and that such functionality can be expected to provide system
users with greater control over their trading. Except for the changes
to the DOT, SCAN and STGY routing functionality itself describe here,
nothing in the proposal will modify or alter any existing rule or
process related to order priority, order execution, trade-through
protection or locked or crossed markets.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\4\ in general, and with
Sections 6(b)(5) of the Act,\5\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Nasdaq notes
that similar functionality has already been

found to be consistent with the Act by the Commission.\6\
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ Securities Exchange Act Release No. 54422 (September 11,
2006), 71 FR 54537 (September 15, 2006) (SR-CBOE-2004-21);
Securities Exchange Act Release No. 59359 (February 4, 2009), 74 FR
6927 (February 11, 2009) (SR-CBOE-2008-123).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \7\ and
Rule 19b-4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6)(iii) requires that
a self-regulatory organization submit to the Commission written
notice of its intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. Nasdaq
has requested that the Commission waive this five-day pre-filing
notice requirement. The Commission hereby grants this request.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-043 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-NASDAQ-2009-043. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549 on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of Nasdaq. 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-NASDAQ-2009-043 and should
be submitted on or before June 4, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-11168 Filed 5-13-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Proposed Rules]
[Pages 35890-35892]
[FR Doc No: 2012-14705]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0633; Directorate Identifier 2012-CE-018-AD]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA
42 M-NG airplanes. This proposed AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as excessive
voids in the adhesive joint between the center wing spars and the upper
center wing skins. This condition could cause the wing to fail, which
could result in loss of control of the airplane. We are issuing this
proposed AD to require actions to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by July 30, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700
Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622
26780; email<EMAIL_ADDRESS>Internet: http://www.diamond-air.at. You may review copies of the referenced service information at
the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0633;
Directorate Identifier 2012-CE-018-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No. 2011-0100, dated May 26, 2011 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    During conversion of a DA 42 to a DA 42 NG, voids were detected
in the adhesive joint between the centre wing spars and the upper
centre wing skins, between the fuselage wall and the engine nacelle.
The available information indicates that wings with voids continue
to meet the certification design

limits, provided the voids are within established criteria.
    However, to detect any wings that may have voids exceeding these
criteria, Diamond has issued Mandatory Service Bulletin (MSB) 42-092
and MSB 42NG-022 (single document) that describes instructions for
inspection of the aeroplanes that had these wings installed during
manufacture. Aeroplanes that have voids within the inspection
criteria may continue to operate without restriction, pending the
outcome of ongoing investigations. Aeroplanes that have voids
exceeding the inspection criteria must be repaired.
    For reasons described above, the EASA AD required the inspection
of the affected aeroplanes to measure the voids in the adhesive
joint between the centre wing spars and the upper centre wing skins,
the reporting of all findings to Diamond Aircraft Industries and the
repair of any voids exceeding the criteria as specified in the MSB.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletin No. MSB 42-092 MSB 42NG-022, dated May 20, 2011, and Work
Instruction WI-MSB-42-092 WI-MSB-42NG-22, dated May 20, 2011. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD will affect 172 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $29,240, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 10 work-hours, for a cost of $850 per product. We have no
way of determining the number of products that may need these actions.
    According to the manufacturer, some of the costs of this proposed
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

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Diamond Aircraft Industries GmbH: Docket No. FAA-2012-0633;
Directorate Identifier 2012-CE-018-AD.

(a) Comments Due Date

    We must receive comments by July 30, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Diamond Aircraft Industries
GmbH Models DA 42, DA 42 NG, and DA 42 M-NG airplanes: Serial
numbers 42.006 through 42.008, 42.010, 42.012 through 42.014, 42.016
through 42.033, 42.035 through 42.043, 42.045, 42.046, 42.048
through 42.051, 42.053, 42.055 through 42.059, 42.061 through
42.081, 42.083 through 42.093, 42.096 through 42.097, 42.099 through
42.120, 42.122 through 42.125, 42.127 through 42.148, 42.150 through
42.170, 42.172 through 42.176, 42.178, 42.179, 42.181 through
42.200, 42.202 through 42.224, 42.AC001 through 42.AC028, and
42.AC030 through 42.AC052, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 57, Wings.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as excessive voids
in the adhesive joint between the center wing spars and the upper
center wing skins. We are issuing this AD to prevent wing failure,
which could result in loss of control of the airplane.

 (f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within the next 100 hours time-in-service (TIS) after the
effective date of this AD or within the next 3 months after the
effective date of this AD, whichever occurs first, inspect the
adhesive joint between the center wing spars and the upper center
wing skin following Diamond Aircraft Industries GmbH Work
Instruction WI-MSB-42-092 WI-MSB-42NG-22, dated May 20, 2011, as

specified in Diamond Aircraft Industries GmbH Mandatory Service
Bulletin No. MSB 42-092 MSB 42NG-022, dated May 20, 2011.
    (2) Within 30 days after the inspection required in paragraph
(f)(1) of this AD, using Appendix A of Diamond Aircraft Industries
GmbH Work Instruction WI-MSB-42-092 WI-MSB-42NG-22, dated May 20,
2011, report the results of the inspection to Diamond Aircraft
Industries GmbH at the address in paragraph (h) of this AD.
    (3) If, during the inspection required in paragraph (f)(1) of
this AD, voids are detected that exceed the criteria specified in
Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-092 WI-
MSB-42NG-22, dated May 20, 2011, before further flight, repair the
airplane following Diamond Aircraft Industries GmbH Work Instruction
WI-MSB-42-092 WI-MSB-42NG-22, dated May 20, 2011, as specified in
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB
42-092 MSB 42NG-022, dated May 20, 2011.
    (4) For the purpose of compliance with paragraph (f)(3) of this
AD, a single positioning flight is allowed to a location where the
repair can be done following the provisions specified in Section
III.1 of Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
42-092 WI-MSB-42NG-22, dated May 20, 2011.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>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.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2011-0100, dated May 26, 2011; Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB 42-092 MSB 42NG-022, dated May
20, 2011, and Diamond Aircraft Industries GmbH Work Instruction WI-
MSB-42-092 WI-MSB-42NG-22, dated May 20, 2011, for related
information. For service information related to this AD, contact
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700
Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622
26780; email<EMAIL_ADDRESS>Internet: http://www.diamond-air.at. You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on May 11, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-14705 Filed 6-14-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57778-57779]
[FR Doc No: 2017-26340]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-B-1759]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

DATES: Comments are to be submitted on or before March 7, 2018.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1759, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

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

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by

the unique project number and Preliminary FIRM date listed in the
tables. Additionally, the current effective FIRM and FIS report for
each community are accessible online through the FEMA Map Service
Center at https://msc.fema.gov for comparison.

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

    Dated: November 2, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
Ketchikan Gateway Borough, Alaska and the Cities of Ketchikan and Saxman
------------------------------------------------------------------------
           Project: 14-10-0603S Preliminary Date: May 5, 2017
------------------------------------------------------------------------
Ketchikan Gateway Borough..............  Ketchikan Gateway Borough,
                                          Planning and Community
                                          Development Office, 1900 1st
                                          Avenue, Suite 126, Ketchikan,
                                          AK 99901.
------------------------------------------------------------------------
            Montgomery County, Kansas and Incorporated Areas
------------------------------------------------------------------------
         Project: 15-07-2323S Preliminary Date: January 31, 2017
------------------------------------------------------------------------
City of Caney..........................  City Hall, 100 West 4th Aveune,
                                          Caney, KS 67333.
City of Cherryvale.....................  City Hall, 123 West Main
                                          Street, Cherryvale, KS 67335.
City of Coffeyville....................  Engineering Department, 102
                                          West 7th Street, Coffeyville,
                                          KS 67337.
City of Dearing........................  City Clerk's Office, 306 South
                                          Independence Avenue, Dearing,
                                          KS 67340.
City of Elk City.......................  City Hall, 114 North Montgomery
                                          Avenue, Elk City, KS 67344.
City of Havana.........................  Montgomery County Judicial
                                          Center, 300 East Main Street,
                                          Lower Level, Independence, KS
                                          67301.
City of Independence...................  Montgomery County Judicial
                                          Center, 300 East Main Street,
                                          Lower Level, Independence, KS
                                          67301.
City of Liberty........................  Montgomery County Judicial
                                          Center, 300 East Main Street,
                                          Lower Level, Independence, KS
                                          67301.
City of Tyro...........................  City of Tyro Clerk's Office,
                                          1655 County Road 2700, Caney,
                                          KS 67333.
Unincorporated Areas of Montgomery       Montgomery County Judicial
 County.                                  Center, 300 East Main Street,
                                          Lower Level, Independence, KS
                                          67301.
------------------------------------------------------------------------
         Ste. Genevieve County, Missouri and Incorporated Areas
------------------------------------------------------------------------
         Project: 15-07-0334S Preliminary Date: January 23, 2017
------------------------------------------------------------------------
City of Bloomsdale.....................  City Hall, 80 Mill Hill Road,
                                          Bloomsdale, MO 63627.
City of Ste. Genevieve.................  City Hall, 165 South 4th
                                          Street, Ste. Genevieve, MO
                                          63670.
City of St. Mary.......................  City Hall, 782 3rd Street, St.
                                          Mary, MO 63673.
Unincorporated Areas of Ste. Genevieve   Ste. Genevieve County
 County.                                  Courthouse, 55 South 3rd
                                          Street, Ste. Genevieve, MO
                                          63670.
------------------------------------------------------------------------
              Marion County, Oregon and Incorporated Areas
------------------------------------------------------------------------
        Project: 17-10-0516S Preliminary Date: February 14, 2017
------------------------------------------------------------------------
City of Salem..........................  City Hall, 555 Liberty Street
                                          Southeast, Room 325, Salem, OR
                                          97301.
City of Turner.........................  City Hall, 5255 Chicago Street
                                          Southeast, Turner, OR 97392.
Unincorporated Areas of Marion County..  555 Court Street Northeast,
                                          Salem, OR 97301.
------------------------------------------------------------------------

[FR Doc. 2017-26340 Filed 12-6-17; 8:45 am]
 BILLING CODE 9110-12-P