[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Rules and Regulations]
[Pages 9688-9692]
[FR Doc No: 2018-04261]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0527; Product Identifier 2017-NM-015-AD; Amendment
39-19215; AD 2018-05-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2016-09-12,
which applied to certain The Boeing

Company Model 787-8 and 787-9 airplanes. AD 2016-09-12 required
repetitive inspections of the bilge barriers located in the forward and
aft cargo compartments for disengaged decompression panels, and
reinstalling any disengaged panels. This AD retains the actions
required by AD 2016-09-12 and requires replacing the existing
decompression panels with new panels and straps, which terminates the
repetitive inspections. This AD also removes airplanes from the
applicability. This AD was prompted by a terminating modification
developed to address the unsafe condition. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective April 11, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 11,
2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
You may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th Street, Des Moines, 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-2017-0527.

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-2017-
0527; 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 final rule, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone:<PHONE_NUMBER>) 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: Susan L. Monroe, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th Street, Des Moines, WA 98198-6547; phone: 206-
231-3570; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2016-09-12, Amendment 39-18510 (81 FR 27300,
May 6, 2016) (``AD 2016-09-12''). AD 2016-09-12 applied to certain The
Boeing Company Model 787-8 and 787-9 airplanes. The NPRM published in
the Federal Register on June 6, 2017 (82 FR 25983). The NPRM was
prompted by a terminating modification developed to address the unsafe
condition. The NPRM proposed to continue to require repetitive
inspections of the bilge barriers located in the forward and aft cargo
compartments for disengaged decompression panels, and reinstallation of
any disengaged panels. The NPRM also proposed to require replacing the
existing decompression panels with new panels and straps, which would
terminate the repetitive inspections. The NPRM also proposed to remove
airplanes from the applicability. We are issuing this AD to prevent
decompression panels from disengaging from the bilge barriers located
in the forward and aft cargo compartments. In the event of a cargo
compartment fire, this condition would provide a path for smoke and
Halon to enter the flight compartment and passenger cabin, which could
result in the inability to contain and extinguish a fire.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Supportive Comment

    The Air Line Pilots Association, International stated that it
agrees with the intent of the NPRM.

Request To Extend Compliance Time

    Japan Airlines (JAL) asked that we extend the compliance time for
the replacement of the decompression panels required by paragraph (i)
of the proposed AD from 22 to 48 months. JAL stated that extending this
compliance time will not affect the safety level because the repetitive
inspections specified by paragraph (g) of the proposed AD would still
be required. JAL asked that the replacement be done during a C-check
maintenance interval, which is three years. JAL added that it would
also like to add a one-year margin for airplanes on which the
decompression panel is not replaced due to inevitable circumstances.
    American Airlines (AAL) and United Airlines (UAL) asked that we
extend the compliance time from 22 to 36 months, for the same reasons
provided by JAL. AAL added that replacing the panels within 22 months
would result in an undue maintenance burden on operators.
    We agree to extend the compliance time for the replacement of the
decompression panels from 22 to 36 months, because the repetitive
inspections will maintain an acceptable margin of safety until the
redesigned decompression panels are installed. This extension has been
coordinated with the manufacturer. Therefore, we have extended the
compliance time in paragraph (i) of this AD accordingly.
    We do not agree to extend the compliance time to 48 months, which
would exceed the acceptable margin of safety. A 36-month compliance
time provides an adequate interval of time for replacing the
decompression panels without compromising safety.

Request To Include the Latest Service Information

    Boeing asked that we add Boeing Alert Service Bulletin B787-81205-
SB500009-00, Issue 003, dated December 7, 2016, to the proposed AD as
an alternative to using Boeing Alert Service Bulletin B787-81205-
SB500009-00, Issue 001, dated November 16, 2015 (referenced in the NPRM
as the appropriate source of service information for accomplishing the
actions).
    We agree that this final rule should refer to the latest service
information. Since we issued the NPRM, Boeing has released Boeing Alert
Service Bulletin B787-81205-SB500009-00, Issue 003, dated December 7,
2016. In the NPRM, we refer to Boeing Alert Service Bulletin B787-
81205-SB500009-00, Issue 001, dated November 16, 2015, as the
appropriate source of service information. No additional work is
necessary on airplanes on which the actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin B787-
81205-SB500009-00, Issue 001, dated November 16, 2015. We have
therefore revised paragraphs (g) and (h) of this AD to add Boeing Alert
Service Bulletin B787-81205-SB500009-00, Issue 003, dated December 7,
2016, as the source of service information for accomplishing the
actions. We have added paragraph (k) to this AD to specify credit for
prior accomplishment of the actions specified in Boeing Alert Service
Bulletin B787-81205-SB500009-00, Issue 001, dated

November 16, 2015. We have redesignated subsequent paragraphs
accordingly.

Request To Clarify Description of ``Adjustable Straps''

    Boeing asked that we change the term ``adjustable straps'' to
``adjustable straps (zip ties)'' throughout the NPRM for clarification.
    We agree with the commenter's request for the reason provided. We
have changed the ``Related Service Information under 1 CFR part 51''
section and paragraph (i) of this AD accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously, and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin B787-81205-SB500008-00,
Issue 001, dated December 7, 2016. This service information describes
procedures for replacing the existing decompression panels with new
panels and adjustable straps (zip ties).
    We also reviewed Boeing Alert Service Bulletin B787-81205-SB500009-
00, Issue 003, dated December 7, 2016. This service information
describes procedures for repetitive inspections of the bilge barriers
located in the forward and aft cargo compartments for disengaged
decompression panels, and reinstalling any disengaged panels.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 50 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspections...........  3 work-hours x $85 per               $0  $255 per            $12,750 per
                                  hour = $255 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
New modification...............  7 work-hours x $85 per           11,748  12,343............  617,150.
                                  hour = $595.
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    We estimate the following costs to do any necessary reinstallation
required based on the results of the inspection. We have no way of
determining the number of aircraft that might need this action:

                                               On-Condition Costs
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                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Reinstallation................................  1 work-hour x $85 per hour = $85              $0             $85
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

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),
    (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 removing Airworthiness Directive (AD)
2016-09-12, Amendment 39-18510 (81 FR 27300, May 6, 2016), and adding
the following new AD:

2018-05-06 The Boeing Company: Amendment 39-19215; Docket No. FAA-
2017-0527; Product Identifier 2017-NM-015-AD.

(a) Effective Date

    This AD is effective April 11, 2018.

(b) Affected ADs

    This AD replaces AD 2016-09-12, Amendment 39-18510 (81 FR 27300,
May 6, 2016) (``AD 2016-09-12'').

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 and 787-9
airplanes, certificated in any category, as identified in Boeing
Alert Service Bulletin B787-81205-SB500008-00, Issue 001, dated
December 7, 2016.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a terminating modification developed to
address the unsafe condition. We are issuing this AD to prevent
decompression panels from disengaging from the bilge barriers
located in the forward and aft cargo compartments. In the event of a
cargo compartment fire, this condition would provide a path for
smoke and Halon to enter the flight compartment and passenger cabin,
which could result in the inability to contain and extinguish a
fire.

(f) Compliance

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

(g) Retained Repetitive Inspections, With Revised Service Information
and Added Reference to Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD
2016-09-12, with revised service information and an added reference
to terminating action: At the applicable time specified in paragraph
(g)(1) or (g)(2) of this AD, do a general visual inspection of the
bilge barriers located in the forward and aft cargo compartments for
disengaged decompression panels, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin B787-
81205-SB500009-00, Issue 001, dated November 16, 2015; or Issue 003,
dated December 7, 2016. Repeat the inspection thereafter at the
applicable times specified in paragraph 5. ``Compliance,'' of Boeing
Alert Service Bulletin B787-81205-SB500009-00, Issue 001, dated
November 16, 2015; or Issue 003, dated December 7, 2016; until the
terminating modification required by paragraph (i) of this AD is
done. As of the effective date of this AD, only Boeing Alert Service
Bulletin B787-81205-SB500009-00, Issue 003, dated December 7, 2016,
may be used.
    (1) For Group 1 airplanes identified in Boeing Alert Service
Bulletin B787-81205-SB500009-00, Issue 001, dated November 16, 2015;
or Issue 003, dated December 7, 2016: Inspect within 30 days after
May 23, 2016 (the effective date of AD 2016-09-12).
    (2) For Group 2 airplanes identified in Boeing Alert Service
Bulletin B787-81205-SB500009-00, Issue 001, dated November 16, 2015;
or Issue 003, dated December 7, 2016: Inspect within 180 flight
cycles or within 90 days after May 23, 2016 (the effective date of
AD 2016-09-12), whichever occurs later.

(h) Retained Reinstallation of Decompression Panels With Revised
Service Information

    This paragraph restates the requirements of paragraph (h) of AD
2016-09-12, with revised service information: If any disengaged
decompression panel is found during any inspection required by
paragraph (g) of this AD; before further flight, reinstall the
panel, in accordance with the Accomplishment Instructions of Boeing
Alert Service Bulletin B787-81205-SB500009-00, Issue 001, dated
November 16, 2015; or Issue 003, dated December 7, 2016, as
applicable. As of the effective date of this AD, only Boeing Alert
Service Bulletin B787-81205-SB500009-00, Issue 003, dated December
7, 2016, may be used.

(i) New Terminating Modification

    Within 36 months after the effective date of this AD: Replace
the existing decompression panels of the bilge barriers located in
the forward and aft cargo compartments with new decompression panels
and adjustable straps (zip ties), in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin B787-
81205-SB500008-00, Issue 001, dated December 7, 2016; except as
provided by paragraph (j) of this AD. Accomplishing this
modification terminates the repetitive inspections required by
paragraph (g) of this AD.

(j) Exceptions to Service Information

    (1) Where Step 3 of Task 10 of the Accomplishment Instructions
of Boeing Alert Service Bulletin B787-81205-SB500008-00, Issue 001,
dated December 7, 2016, identifies part number (P/N) C412705-577,
the correct part number is P/N C412705-575.
    (2) Where Step 4 of Task 10 of the Accomplishment Instructions
of Boeing Alert Service Bulletin B787-81205-SB500008-00, Issue 001,
dated December 7, 2016, identifies P/N C412705-575, the correct part
number is P/N C412705-577.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Boeing Alert Service
Bulletin B787-81205-SB500009-00, Issue 001, dated November 16, 2015.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (m)(1) of this AD. Information may be
emailed to: [email protected].
    (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, modification, or alteration 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. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously for AD 2016-09-12, are approved as
AMOCs for the corresponding provisions of paragraphs (g) and (h) of
this AD.
    (5) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(l)(5)(i) and (l)(5)(ii) of this AD 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. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. 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 Susan L. Monroe,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th Street, Des Moines, WA
98198-6547; phone:<PHONE_NUMBER>; email: [email protected].
    (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 B787-81205-SB500008-00, Issue
001, dated December 7, 2016.
    (ii) Boeing Alert Service Bulletin B787-81205-SB500009-00, Issue
003, dated December 7, 2016.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th Street, Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 February 21, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-04261 Filed 3-6-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54718-54720]
[FR Doc No: 2013-21532]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70281; File No. SR-ICEEU-2013-10]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Related
to Regulatory Reporting of Swap Data

August 29, 2013.
    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 August 20, 2013, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I and II below, which Items
have been prepared primarily by ICE Clear Europe. ICE Clear Europe
filed the proposal pursuant to Section 19(b)(3)(A)(iii) \3\ of the Act
and Rule 19b-4(f)(4)(ii) \4\ thereunder so that the proposal was
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\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    ICE Clear Europe submits the proposed amendment to its clearing
rules in order to add Rule 411 which facilitates swap data repository
(``SDR'') reporting by and at ICE Clear Europe that is consistent with
Part 45 of Commodity Futures Trading Commission (``CFTC'') Rules and
Regulations. Proposed Rule 411 provides that ICE Clear Europe will
report creation and continuation data to ICE Trade Vault, LLC (``ICE
Trade Vault''), a provisionally registered SDR selected by ICE Clear
Europe.

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

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections A, B and C below, of the most significant aspects
of these statements.

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

    The proposed rule amendment includes proposed Rule 411, which
provides that with respect to all swaps cleared by ICE Clear Europe and
resulting positions, ICE Clear Europe will report creation and
continuation data to ICE Trade Vault for purposes of complying with
applicable CFTC rules and regulations governing the regulatory
reporting of swaps, specifically CFTC Regulations 45.3,\5\ 45.4(b) \6\
and 45.9.\7\ Proposed Rule 411 is consistent with CFTC Regulations 45.3
\8\ and 45.4(b) \9\ that require that creation and continuation data
must be reported by both the derivatives clearing organization and the
reporting counterparty. ICE Clear Europe currently complies with CFTC
Regulations 45.3 \10\ and 45.4(b) \11\ by reporting swap data to ICE
Trade Vault. In order to codify ICE Clear Europe's practice of
reporting relevant Part 45 data to ICE Trade Vault, ICE Clear Europe
proposed to add to its Clearing Rules, Rule 411 (Swap Data Repository
``SDR'' Reporting).
---------------------------------------------------------------------------

    \5\ 17 CFR 45.3.
    \6\ 17 CFR 45.4(b).
    \7\ 17 CFR 45.9.
    \8\ 17 CFR 45.3.
    \9\ 17 CFR 45.4(b).
    \10\ 17 CFR 45.3.
    \11\ 17 CFR 45.4(b).
---------------------------------------------------------------------------

    Proposed Rule 411 further provides that upon the request of a
clearing member counterparty to a swap cleared at ICE Clear Europe, ICE
Clear Europe

will provide the same creation and continuation data reported by ICE
Clear Europe to ICE Trade Vault to an SDR selected by such
counterparty. In this regard, proposed Rule 411 is also consistent with
CFTC Regulation 45.9 \12\ that provides that swap counterparties
required by Part 45 to report swap creation or continuation data may
contract with third-party service providers to facilitate reporting.
Proposed Rule 411 ensures that ICE Clear Europe, in the capacity of a
third-party service provider, will be responsible for reporting
required swap creation and continuation data on behalf of ICE Clear
Europe's clearing members.
---------------------------------------------------------------------------

    \12\ 17 CFR 45.9.
---------------------------------------------------------------------------

    The addition of proposed Rule 411 is in response to swap dealers'
mandatory compliance with CFTC Regulations 45.3 \13\ and 45.4,\14\
which was required as of February 28, 2013.
---------------------------------------------------------------------------

    \13\ 17 CFR 45.3.
    \14\ 17 CFR 45.4.
---------------------------------------------------------------------------

    ICE Clear Europe believes that the proposed rule change is
consistent with the requirements of Section 17A of the Act \15\ and the
regulations thereunder applicable to it. ICE Clear Europe notes that
proposed Rule 411 mirrors ICE Clear Credit LLC (``ICC'') Rule 211,
approved by the Commission on an accelerated basis pursuant to Section
19(b)(2) of the Act \16\ on April 9, 2013, in every substantive
respect. ICE Clear Europe notes that in the Commission's notice of
filing and order granting accelerated approval of ICC Rule 211, the
Commission found that ``by facilitating compliance with the swap data
reporting requirements of [the CFTC], [ICC Rule 211] is consistent with
promoting the prompt and accurate clearance and settlement of
derivative agreements, contracts, and transactions, assuring the
safeguarding of securities and funds which are in the custody or
control of the clearing agency or for which it is responsible, and
protecting investors and the public interest'' as required under
Section 17A(b)(3)(F) of the Act.\17\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78q-1.
    \16\ 15 U.S.C. 78s(b)(2).
    \17\ 15 U.S.C. 78q-1(b)(3)(F); see Securities Exchange Act
Release No. 69628 (Apr. 9, 2013), 78 FR 22350, 22351-52 (Apr. 15,
2013) (SR-ICC-2013-05).
---------------------------------------------------------------------------

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

    ICE Clear Europe does not believe the proposed rule change would
have any impact, or impose any burden, on competition. In general,
proposed Rule 411 does not have any effect on competition because it is
not a restraint. The proposed rule in no way keeps reportable trade
data regarding swaps from being reported to any other SDR and, in fact,
explicitly allows a clearing member that is a counterparty to a swap
cleared at ICE Clear Europe to designate any SDR to receive swap
creation and continuation data. While an affiliate of ICE Clear Europe,
ICE Trade Vault, is available to handle SDR reporting obligations, ICE
Clear Europe's rule is designed to permit ICE Clear Europe's clearing
members to be able to designate any SDR to receive the required
reports. The ability of ICE Clear Europe clearing members to designate
any SDR ensures the competitiveness of the various reporting
facilities.
    Additionally, proposed Rule 411 complies with the swap data
reporting requirements of the Commodity Exchange Act and the CFTC's
rules thereunder that further the goals of reducing systemic risk,
increasing transparency and promoting market integrity within the
financial system. The Commission has found that a rule that facilitates
compliance with the swap data reporting requirements of another
regulator is consistent with the requirements of the Act, in particular
the requirements of Section 17A of the Act \18\ and the rules and
regulations thereunder applicable to a clearing agency.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

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

    Written comments relating to the rule change have been solicited
from clearing members as part of the rule change process. ICE Clear
Europe will notify the Commission of any written comments received by
ICE Clear Europe.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) of the Act \19\ and Rule 19b-4(f)(4)(ii)
\20\ thereunder because it is effecting a change in an existing service
of a registered clearing agency that primarily affects the clearing
operations of the clearing agency with respect to products that are not
securities, including swaps that are not security-based swaps or mixed
swaps, and does not significantly affect the securities clearing
operations of the clearing agency or any related rights or obligations
of the clearing agency with respect to securities clearing or persons
using such service. 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.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(4)(ii).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2013-10 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-ICEEU-2013-10. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings also will be available for inspection
and copying at the principal office of ICE Clear Europe and on ICE
Clear Europe's Web site at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    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-ICEEU-2013-10 and should be submitted on or before
September 26, 2013.
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    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-21532 Filed 9-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices]
[Pages 42714-42715]
[FR Doc No: 2011-18063]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Science Board Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Science Board to the Food and Drug
Administration (Science Board).
    General Function of the Committee: The Science Board provides
advice primarily to the Commissioner of Food and Drugs and other
appropriate officials on specific complex and technical issues, as well
as emerging issues within the scientific community in industry and
academia. Additionally, the Science Board provides advice to the Agency
on keeping pace with technical and scientific evolutions in the fields
of regulatory science, on formulating an appropriate research agenda,
and on upgrading its scientific and research facilities to keep pace
with these changes. It will also provide the means for critical review
of Agency-sponsored intramural and extramural scientific research
programs.
    Date and Time: The meeting will be held on Friday, August 19, 2011,
from 9 a.m. to 3 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (rm. 1503), Silver Spring, MD
20993-0002. For those unable to attend in person, the meeting will also
be Web cast. The link for the Web cast is available at https://collaboration.fda.gov/scienceboard/. Information regarding special
accommodations due to a disability, visitor parking, and transportation
may be accessed at: http://www.fda.gov/AdvisoryCommittees/default.htm;
under the heading ``Resources for You,'' click on ``Public Meetings at
the FDA White Oak Campus.'' Please note that visitors to the White Oak
Campus must enter through Building 1.
    Contact Person: Martha Monser, Office of the Chief Scientist,
Office of the Commissioner, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, rm. 4286, Silver Spring, MD 20993-0002, 301-
796-4627, or FDA Advisory Committee Information Line, 1-800-741-8138
(301-443-0572 in the Washington, DC area), and follow the prompts to
the desired center or product area. Please call the Information Line
for up-to-date information on this meeting. A notice in the Federal
Register about last minute modifications that impact a previously
announced advisory committee meeting cannot always be published quickly
enough to provide timely notice. Therefore, you should always check the
Agency's Web site and call the appropriate advisory committee hot line/
phone line to learn about possible modifications before coming to the
meeting.
    Agenda: On August 19, 2011, the Science Board will discuss the
FDA's draft Strategic Plan for Regulatory Science. The Board will be
provided with an update on the FDA's Medical Countermeasures Initiative
program plans. The Board will also initiate the charges to the
subcommittees for: (1) A science review of the Center for Devices and
Radiological Health, and (2) a Medical and Biological Engineering
review.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting.
    Background material is available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate
advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
Friday, August 12, 2011. Oral presentations from the public will be
scheduled between approximately 1 and 2 p.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before Thursday, August 4,
2011. Time allotted for each presentation may be limited. If the number
of registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by Friday, August 5, 2011.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Martha Monser, at
least 7 days in advance of the meeting.

    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: July 12, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-18063 Filed 7-18-11; 8:45 am]
BILLING CODE 4160-01-P