[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68081-68083]
[FR Doc No: 2016-23748]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78945; File No. SR-IEX-2016-15]

Self-Regulatory Organizations: Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Optional Risk Management Controls

September 27, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 22, 2016, the Investors Exchange LLC (``IEX''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the
Securities and Exchange Commission (``Commission'') a proposed rule
change to amend Rule 11.380 to provide that the Aggregate Risk Controls
(``ARC'') mechanism is available to any IEX Member as well as to
clearing firms for their broker correspondent IEX Member firms, and to
specify the manner in which Members shall contact IEX to arrange to
utilize the ARC mechanism. The Exchange has designated this rule change
as non-controversial under Section 19(b)(3)(A) of the Act \6\ and
provided the Commission with the notice required by Rule 19b-
4(f)(6)(iii) thereunder.\7\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.iextrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statement may be examined at
the places specified in Item IV below. The self-regulatory organization
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
    Rule 11.380, entitled Risk Management, describes the optional ARC
mechanism that is designed to assist IEX clearing firms \8\ in their
risk management efforts. IEX does not charge a fee for use of ARC. As
described in the rule, ARC can be configured to provide trading limits
based on the gross notional exposure for matched and routed trades for
a clearing firm's broker correspondent across MPIDs, by MPID, by FIX
session or in combination, per clearing firm relationship. As specified
in the rule, ARCs are elected, and the upper value of any limits is set
by the clearing firm of a Member. Once the gross notional exposure, as
elected and configured, has exceeded the pre-determined limit, IEX will
reject new orders and cancel all open orders for the applicable MPID(s)
and/or FIX session specified. As specified in paragraph (a)(3)(A) of
Rule 11.380, gross notional exposure is calculated as the absolute sum
of the notional value of all buy and sell trades (i.e., equal to the
value of executed buys plus the absolute value of executed long sells
plus the absolute value of executed short sells). There is no netting
of buys and sales in the same symbol or across symbols. Gross notional
exposure resets for each new trading day.
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    \8\ As described in Rule 11.250(a), a clearing firm is an IEX
Member that is a member of a registered clearing agency. Pursuant to
IEX Rule 2.160(c)(4) an IEX Member must be a member of a registered
clearing agency or clear transactions executed on the Exchange
through another Member that is a member of a registered clearing
agency.
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    IEX proposes to revise the rule to provide that ARC is optionally
available to any Member as well as to clearing firms for their broker
correspondent IEX Member firms. This change will serve to clarify that
ARC may be used by a clearing firm Member for its own trading on IEX as
well as for its correspondent firm customers that are IEX Members.
Because a Member that is self-clearing technically has a ``clearing
firm relationship'' with itself, the Exchange believes that the rule
already provides that ARC may be used by a clearing firm Member for its
own trading on IEX. In addition, IEX proposes to amend Rule 11.380 to
provide that ARC is available to any Member. Thus, as proposed, ARC may
be elected by a Member for its own trading on IEX (whether or not such
Member is self-clearing) as well as by a clearing firm Member for its

correspondent firm customers that are IEX Members.\9\ In addition, IEX
proposes to add new text to provide that ARC limits may be increased or
decreased on an intra-day basis by a Member or the clearing firm of a
Member, as applicable. Further, IEX proposes to make several
nonsubstantive changes to subparagraphs (a)(2) and (3) of the rule text
to simplify and streamline such provisions, including replacing GNE as
a defined term within the rule text with references simply to ``gross
notional exposure'' throughout. Finally, IEX proposes to add new
paragraph (b) to Rule 11.380 to provide that Members shall contact IEX
Market Operations to arrange to utilize the ARC mechanism. Accordingly,
IEX proposes to make the following revisions to the rule:
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    \9\ In the case of a Member that is subject to ARC limits set by
its clearing firm, the Member will be advised of such limits by IEX.
In the event a Member that is subject to ARC limits set by its
clearing firm also elects to set ARC limits for its own trading, the
Exchange will apply both such limits with a lower limit(s) being
applicable.
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    1. References in paragraph (a) to the term ``Clearing Firms'' will
be replaced with ``Members''.
    2. Paragraph (a)(1) will be revised to state that ARCs are elected
by a Member or the clearing firm of a Member.
    3. Paragraphs (a)(2) and (3) will be revised to combine the
provisions, replace the defined term GNE with references to ``gross
notional exposure'' throughout, and state that gross notional exposure
accumulates the notional values for a Member or a clearing firm's
broker correspondent.
    4. New paragraph (b) will be added to specify that Members shall
contact IEX Market Operations at<EMAIL_ADDRESS>to arrange to
utilize ARC.
    IEX believes that making ARC available to all Members as an
optional service will enhance the risk management tools available to
IEX Members. The Exchange notes, however, that use of ARC by a Member
does not automatically constitute compliance with IEX rules or SEC
rules, nor does it replace Member-managed risk management solutions.
The Exchange does not propose to require Members to use ARC, and
Members may use any other appropriate risk-management tool or service
instead of, or in combination with, ARC. The Exchange will not provide
preferential treatment to Members using ARC, nor will the use of ARC
impact a Member's use of IEX other than when it results in orders being
rejected or cancelled pursuant to ARC. In addition, IEX will continue
to provide ARC to Members without charge.
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the
provisions of Sections 6(b) \10\ of the Act in general, and furthers
the objectives of Section 6(b)(5) \11\ of the Act, in particular, in
that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, 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, by clarifying and enhancing the risk management
protections available to Exchange members. The Exchange believes that
the proposed rule change supports these objectives because it is
designed to enable all IEX Members to manage and limit their own
trading exposure on IEX, in addition to enabling clearing firms to
monitor their correspondent firm customer and their own trading
exposure, including by intra-day increases or decreases in the limits.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
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    Further, the Exchange believes that the proposed rule change is
consistent with the protection of investors and the public interest
because it provides a mechanism to enable IEX Members to manage their
risk by preventing trading that is erroneous or exceeds a Member's
financial resources, and thereby contributing to the stability of the
equities markets.
    The Exchange also believes that the aspects of the proposed rule
change that clarify that ARC is available to clearing firms for their
own trading on IEX is consistent with the protection of investors and
the public interest because it will eliminate any confusion in this
regard among IEX Members.
    In addition, the Exchange believes that the nonsubstantive changes
to subparagraphs (a)(2) and (3) of the rule text to simplify and
streamline such provisions are consistent with the protection of
investors and the public interest because such changes will enhance the
readability of the relevant rule provisions.
    Finally, the Exchange believes that adding rule text to specify how
IEX Members shall contact IEX Market Operations to arrange to utilize
the ARC mechanism will provide greater clarity and eliminate any
confusion in this regard.
    The Exchange notes that most other exchanges offer risk management
tools to their members, with functionality similar to ARC.\12\
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    \12\ See, for example, Nasdaq Stock Market LLC Rules 6100-6120;
Securities Exchange Act Release No. 68330 (November 30, 2012), 77 FR
72894 (December 6, 2012) (File No. SR-BATS-2012-045 concerning Bats
BZX Exchange, Inc. (formerly BATS Exchange, Inc.) Risk Management
Tool).
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    In addition, the Exchange believes that the proposal is consistent
with just and equitable principles of trade because ARC is available to
all IEX Members without charge.

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

    IEX 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. The proposal is designed to
clarify and expand the availability of the optional ARC risk management
mechanism as described in the Purpose section. The Exchange is not
proposing to charge any fee for use of ARC, which as proposed, is
available to all Members without charge. The Exchange does not believe
the proposed rule change will impose any intermarket burden on
competition because other exchanges offer similar functionality.\13\
The Exchange also does not believe that the proposal will impose an
intramarket burden on competition because it is available to all
Members and provides a mechanism to enable IEX Members to manage their
risk by preventing trading that is erroneous or exceeds a Member's
financial resources, thereby contributing to the stability of the
equities markets. Accordingly, this proposal will have no impact on
competition.
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    \13\ See, supra note 12.
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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

    The Exchange has designated this rule filing as non-controversial
under Section 19(b)(3)(A) \14\ of the Act and Rule 19b-4(f)(6) \15\
thereunder. Because the proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent

with the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\16\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\18\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay to make ARC risk
management protections immediately available to all Members. While IEX
has proposed certain clarifying changes to Rule 11.380 that do not
materially alter the scope of the rule, the primary material change
extends the rule beyond clearing brokers and makes the ARC optionally
available to any Member. IEX has represented above that, if an IEX
Member elects to use the ARC, IEX will inform that Member if its
clearing firm also set ARC limits for the Member, in which case IEX
would apply the lower limit. The Commission believes that extending the
ARC functionality to all Members will provide them with an additional
tool that can be used as part of a Member's approach to risk
management, which may promote the maintenance of fair and orderly
markets. For this reason, the Commission believes that waiver of the
operative delay is consistent with the protection of investors and the
public interest. Accordingly, the Commission hereby waives the
operative delay and designates the proposed rule change operative upon
filing.\19\
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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 shall institute proceedings under
Section 19(b)(2)(B) \20\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \20\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-IEX-2016-15 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-IEX-2016-15. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-IEX-2016-15 and should be
submitted on or before October 24, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-23748 Filed 9-30-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72211-72212]
[FR Doc No: 2023-23094]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[DOT-OST-2023-0137]

Advisory Committee on Transportation Equity (ACTE); Notice of
Public Meeting

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice of public meeting.

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SUMMARY: DOT OST announces a meeting of ACTE, which will take place via
Zoom.

DATES: The meeting will be held Friday, November 3, 2023, from 2:30 to
4:30 p.m. Eastern Time. Requests for accommodations because of a
disability must be received by Friday, October 27. Requests to submit
questions must be received no later than Friday, October 27. The
registration form will close on Friday, October 27.

ADDRESSES: The meeting will be held via Zoom. Those members of the
public who would like to participate virtually should go to https://www.transportation.gov/civil-rights/acte/meetinginfo to access the
meeting, a detailed agenda for the entire meeting, meeting minutes, and
additional information on ACTE and its activities.

FOR FURTHER INFORMATION CONTACT: Sandra Norman, Senior Advisor and
Designated Federal Officer, Departmental Office of Civil Rights, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590,<PHONE_NUMBER>, [email protected]. Any ACTE-related request or
submissions should be sent via email to the point of contact listed
above.

SUPPLEMENTARY INFORMATION:

Background

Purpose of the Committee

    ACTE was established to provide independent advice and
recommendations to the Secretary of Transportation about comprehensive,
interdisciplinary issues related to civil rights and transportation
equity in the planning, design, research, policy, and advocacy contexts
from a variety of transportation equity practitioners and community
leaders. Specifically, the Committee will provide advice and
recommendations to inform the Department's efforts to:
    Implement the Agency's Equity Action Plan and Strategic Plan,
helping to institutionalize equity into Agency programs, policies,
regulations, and activities;
    Strengthen and establish partnerships with overburdened and
underserved communities who have been historically underrepresented in
the Department's outreach and engagement, including those in rural and
urban areas;
    Empower communities to have a meaningful voice in local and
regional transportation decisions; and
    Ensure the compliance of Federal funding recipients with civil
rights laws and nondiscrimination programs, policies, regulations, and
activities.

Meeting Agenda

    The agenda for the meeting will consist of:

Setting the full committee schedule
Formalizing committee goals
Reviewing community agreements

Announcing subcommittee leaders and members
Defining expectations for subcommittee work products including the
first deliverables
An open discussion with the public
Discussing next steps
Meeting Participation

    Advance registration is required. Please register at https://strategixmanagement.zoom.us/webinar/register/WN_1wT0xl2pQgysQPzGXwg7Qw#/registration by the deadline referenced in
the DATES section. The meeting will be open to the public for its
entirety. The U.S. Department of Transportation is committed to
providing equal access to this meeting for all participants. If you
need alternative formats or services because of a disability, such as
sign language, interpretation, or other ancillary aids, please contact
the points of contact listed in the FOR FURTHER INFORMATION CONTACT
section. Questions from the public will be answered during the public
comment period only at the discretion of the ACTE chair, vice chair,
and designated Federal officer. Members of the public may submit
written comments and questions to the points of contact listed in the
FOR FURTHER INFORMATION CONTACT section on the topics to be considered
during the meeting by the deadline referenced in the DATES section.

    Dated: October 16, 2023.
Irene Marion,
Director, Departmental Office of Civil Rights.
[FR Doc. 2023-23094 Filed 10-18-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Proposed Rules]
[Pages 15867-15870]
[FR Doc No: 2011-6643]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0224; Directorate Identifier 2010-NM-210-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200 and -300 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

    The airworthiness limitations applicable to Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently given in
Airbus A330 ALI Document reference AI/SE-M4/95A.0089/97, which is
approved by the European Aviation Safety Agency (EASA) and
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
    The issue 17 of Airbus A330 ALI Document introduces more
restrictive maintenance requirements/airworthiness limitations.
Failure to comply with this issue constitutes an unsafe condition.
    This [EASA] AD supersedes EASA AD 2009-0102 [and retains the
requirements therein], and requires the implementation of the new or
more restrictive maintenance requirements/airworthiness limitations
as specified in Airbus A330 ALI Document issue 17.

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

DATES: We must receive comments on this proposed AD by May 6, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80, e-mail<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://

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

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0224;
Directorate Identifier 2010-NM-210-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On April 20, 2006, we issued AD 2006-09-07, Amendment 39-14577 (71
FR 25919, May 3, 2006). That AD requires actions intended to address an
unsafe condition on A330-200 and -300 series airplanes, A340-200 and -
300 series airplanes, and A340-541 and -642 airplanes.
    Since we issued AD 2006-09-07, Airbus has revised certain A330
Damage tolerant airworthiness limitations items to include more
restrictive maintenance requirements/airworthiness limitations. The
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0174, dated August 17, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    The airworthiness limitations are distributed in the Airbus A330
Airworthiness Limitations Section (ALS).
    The airworthiness limitations applicable to Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently given in
Airbus A330 ALI Document reference AI/SE-M4/95A.0089/97, which is
approved by the European Aviation Safety Agency (EASA) and
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
    The issue 17 of Airbus A330 ALI Document introduces more
restrictive maintenance requirements/airworthiness limitations.
Failure to comply with this issue constitutes an unsafe condition.
    This [EASA] AD supersedes EASA AD 2009-0102 [and retains the
requirements therein], and requires the implementation of the new or
more restrictive maintenance requirements/airworthiness limitations
as specified in Airbus A330 ALI Document issue 17.

The unsafe condition is fatigue cracking, damage, and corrosion in
certain structure, which could result in reduced structural integrity
of the airplane. You may obtain further information by examining the
MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Document AI/SE-M4/95A.0089/97, ``A330
Airworthiness Limitation Items,'' Issue 17, dated May 28, 2010. This
document provides each mandatory time for maintenance tasks, structural
inspection interval, and related structural inspection procedures.

Related Rulemaking

    On February 3, 2011, we issued AD 2011-04-05, Amendment 39-16605
(76 FR 8612, February 15, 2011), for Airbus Model A340-200, -300, -500,
and -600 series airplanes, to require revising the maintenance program.
Doing this revision terminates the requirements of AD 2006-09-07 for
the Model A340 airplanes.
    We are also considering issuance of another NPRM related to this
NPRM. The NPRM we are considering, Directorate Identifier 2010-NM-211-
AD, would restate the requirements of paragraph (f)(2) of AD 2006-09-07
for Model A330 airplanes.

FAA's Determination and Requirements of This Proposed AD

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

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 54 products of U.S. registry.
    The actions that are required by AD 2006-09-07, and retained in
this proposed AD, take about 1 work-hour per product, at an average
labor rate of $85 per work hour. Based on these figures, the estimated
cost of the currently required actions is $85 per product.
    We estimate that it would take about 1 work-hour per product to
comply with the 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 $4,590, or $85 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-14577 (71 FR
25919, May 3, 2006) and adding the following new AD:

Airbus: Docket No. FAA-2011-0224; Directorate Identifier 2010-NM-
210-AD.

Comments Due Date

    (a) We must receive comments by May 6, 2011.

Affected ADs

    (b) This AD supersedes AD 2006-09-07, Amendment 39-14577.

Applicability

    (c) This AD applies to Airbus Model A330-201, -202, -203, -223,
-223F, -243, and -243F airplanes, and Model A330-301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes; certificated in any
category; all manufacturer serial numbers.

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

Subject

    (d) Air Transport Association (ATA) of America Code 05.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
* * * * *
    The airworthiness limitations applicable to Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently given in
Airbus A330 ALI Document reference AI/SE-M4/95A.0089/97, which is
approved by the European Aviation Safety Agency (EASA) and
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
    The issue 17 of Airbus A330 ALI Document introduces more
restrictive maintenance requirements/airworthiness limitations.
Failure to comply with this issue constitutes an unsafe condition.
    This [EASA] AD supersedes EASA AD 2009-0102 [and retains the
requirements therein], and requires the implementation of the new or
more restrictive maintenance requirements/airworthiness limitations
as specified in Airbus A330 ALI Document issue 17.

The unsafe condition is fatigue cracking, damage, and corrosion in
certain structure, which could result in reduced structural
integrity of the airplane.

Compliance

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

Restatement of Requirements of Paragraph (F)(2) of AD 2006-09-07

Airworthiness Limitations Revision

    (g) For Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes: Within 3
months after June 7, 2006 (the effective date of AD 2006-09-07),
revise the ALS of the Instructions for Continued Airworthiness by
incorporating Airbus Document AI/SE-M4/95A.0089/97, ``A330
Airworthiness Limitation Items,'' Issue 12, dated November 1, 2003,
as specified in Section 9-2 of the Airbus A330 Maintenance Planning
Document (MPD), into the ALS.

New Requirements of This AD

Revise the Maintenance Program

    (h) Within 3 months after the effective date of this AD: Revise
the maintenance program by incorporating Airbus Document AI/SE-M4/
95A.0089/97, ``A330 Airworthiness Limitation Items,'' Issue 17,
dated May 28, 2010. At the times specified in Airbus Document AI/SE-
M4/95A.0089/97, ``A330 Airworthiness Limitation Items,'' Issue 17,
dated May 28, 2010, comply with all applicable maintenance
requirements and associated airworthiness limitations included in
Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness
Limitation Items,'' Issue 17, dated May 28, 2010. Accomplishing the
revision in this paragraph ends the requirements in paragraph (g) of
this AD.

Alternative Intervals or Limits

    (i) Except as provided by paragraph (j)(1) of this AD, after
accomplishing the actions specified in paragraph (h) of this AD, no
alternatives to the maintenance tasks, intervals, or limitations
specified in paragraph (h) of this AD may be used.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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 International
Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1138; fax<PHONE_NUMBER>. Information may be e-mailed to:
<EMAIL_ADDRESS>Before using any approved AMOC,
notify your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (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.

Related Information

    (k) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2010-0174, dated August 17,
2010; Airbus Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness
Limitation Items,'' Issue 12, dated November 1, 2003; and Airbus
Document AI/SE-M4/95A.0089/97, ``A330 Airworthiness Limitation
Items,'' Issue 17, dated May 28, 2010; for related information.

    Issued in Renton, Washington, on March 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-6643 Filed 3-21-11; 8:45 am]
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[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Pages 18545-18546]
[FR Doc No: 2011-7856]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 Notice Announcing Filing Priority for Preliminary Permit
Applications

------------------------------------------------------------------------
                                                                Project
                                                                  No.
------------------------------------------------------------------------
Lock+ Hydro Friends Fund XXXVIII............................   13744-000
FFP Missouri 12, LLC........................................   13755-000
Allegheny 2 Hydro, LLC......................................   13774-000
Three Rivers Hydro LLC......................................   13780-000
------------------------------------------------------------------------

    On March 24, 2011, the Commission held a drawing to determine
priority among competing preliminary permit applications with identical
filing times. In the event that the Commission concludes that none of
the applicants' plans are better adapted than the others to develop,
conserve, and utilize in the public interest the water resources of the
region at issue, the priority established by this drawing will serve as

the tiebreaker. Based on the drawing, the order of priority is as
follows:

------------------------------------------------------------------------
                                                                Project
                                                                  No.
------------------------------------------------------------------------
1. FFP Missouri 12, LLC.....................................   13755-000
2. Three Rivers Hydro LLC...................................   13780-000
3. Allegheny 2 Hydro, LLC...................................   13774-000
4. Lock+ Hydro Friends Fund XXXVIII.........................   13744-000
------------------------------------------------------------------------

    Dated: March 25, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-7856 Filed 4-1-11; 8:45 am]
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EXHIBIT 1

EXHIBIT 2

EXHIBIT 2

EXHIBIT 6

EXHIBIT 6

EXHIBIT 7

EXHIBIT 7

 Mr. Danny Little

  Danny Little