[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28921-28922]
[FR Doc No: 2021-11289]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91975; File No. SR-NYSE-2020-95]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of a Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change, as Modified by Amendment No. 1, To Make Permanent
Commentaries to Rule 7.35A and Commentaries to Rule 7.35B and Make
Related Changes to Rules 7.32, 7.35C, 46B, and 47

May 24, 2021.
    On November 13, 2020, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to make permanent Commentaries .01(a) and (b) and
.06 to Rule 7.35A (DMM-Facilitated Core Open and Trading Halt Auctions)
and Commentaries .01 and .03 to Rule 7.35B (DMM-Facilitated Closing
Auctions) and to make related changes to Rules 7.32 (Order Entry),
7.35C (Exchange-Facilitated Closing Auctions), 46B (Regulatory Trading
Official), and 47 (Floor Officials--Unusual Situations). The proposed
rule change was published for comment in the Federal Register on
December 1, 2020.\3\ On January 13, 2020, the Commission extended to
March 1, 2021, the time period in which to approve the proposal,
disapprove the proposal, or institute proceedings to determine whether
to approve or disapprove the proposal.\4\ On March 1, 2021, the
Commission instituted proceedings under Section 19(b)(2)(B) of the Act
\5\ to determine whether to approve or disapprove the proposed rule
change.\6\ On April 12, 2021, the Exchange filed Amendment No. 1 \7\ to
the proposed rule change with the Commission and submitted Amendment
No. 1 for inclusion in the public comment file.\8\ The Commission has
received no other comment letters on the proposed rule change, as
modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 90495 (Nov. 24,
2020), 85 FR 77304 (Dec. 1, 2020) (SR-NYSE-2020-95) (``Notice'').
    \4\ See Securities Exchange Act Release No. 90917 (Jan. 13,
2021), 86 FR 6403 (Jan. 21, 2020).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ See Securities Exchange Act Release No. 91227, (Mar. 1,
2021), 86 FR 12991 (Mar. 5, 2021).
    \7\ In Amendment No. 1, the Exchange proposes that the
percentage parameter that would be applicable to when a DMM may
electronically facilitate a Trading Halt Auction or would be
required to publish a pre-opening indication would be 5% instead of
10%. See Letter from Martha Redding Associate General Counsel, NYSE
LLC, to Secretary, Commission (April 12, 2021). Amendment No. 1 is
available at https://www.sec.gov/comments/sr-nyse-2020-95/srnyse202095-8662901-235314.pdf.
    \8\ Comments received on the proposed rule changes, as modified
by Amendment No. 1, are available on the Commission's website at
https://www.sec.gov/comments/sr-nyse-2020-95/srnyse202095.htm.
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    Section 19(b)(2) of the Act \9\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may extend the period for

issuing an order approving or disapproving the proposed rule change,
however, by not more than 60 days if the Commission determines that a
longer period is appropriate and publishes the reasons for such
determination. The proposed rule change was published for notice and
comment in the Federal Register on December 1, 2020.\10\ May 30, 2021
is 180 days from that date, and July 29, 2021, is 240 days from that
date.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ See Securities Exchange Act Release No. 90495 (Nov. 24,
2020), 85 FR 77304 (Dec. 1, 2020) (SR-NYSE-2020-95) (``Notice'').
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    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change, as modified by Amendment No. 1, so that it has sufficient
time to consider the proposed rule change, as modified by Amendment
No.1. Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\11\ designates July 29, 2021, as the date by which the Commission
shall either approve or disapprove the proposed rule change (File No.
SR-NYSE-2020-95) as modified by Amendment No. 1.
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    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(57).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-11289 Filed 5-27-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Page 72964]
[FR Doc No: 2011-30465]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4043-DR; Docket ID FEMA-2011-0001]

Vermont; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Vermont (FEMA-4043-DR), dated November 8,
2011, and related determinations.

DATES: Effective Date: November 8, 2011.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated November 8, 2011, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Vermont resulting from severe storms and flooding on May 20,
2011, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Vermont.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, James N. Russo, of FEMA, is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Vermont have been designated as
adversely affected by this major disaster:

    Franklin, Washington, and Windham Counties for Public
Assistance.
    All counties within the State of Vermont are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-30465 Filed 11-25-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Page 45922]
[FR Doc No: 2017-21000]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81721; File No. SR-NYSEArca-2017-85]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change, as Modified by Amendment No. 1, To Amend NYSE Arca Equities
Rule 8.700 to Reference EURO STOXX 50 Volatility Index Futures and To
List and Trade Shares of the ProShares European Volatility Futures ETF

September 26, 2017.
    On July 28, 2017, NYSE Arca, Inc. filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend NYSE Arca Equities Rule
8.700 to add EURO STOXX 50 Volatility Index (VSTOXX[supreg]) futures to
the financial instruments that an issue of Managed Trust Securities may
hold; and (2) to list and trade shares of the ProShares European
Volatility Futures ETF under proposed amended NYSE Arca Equities Rule
8.700. The proposed rule change was published for comment in the
Federal Register on August 16, 2017.\3\ On September 21, 2017, the
Exchange submitted Amendment No. 1 to the proposed rule change.\4\ The
Commission has received no comment letters on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81373 (August 10,
2017), 82 FR 38973.
    \4\ Amendment No. 1 replaces and supersedes the original filing
in its entirety. Amendment No. 1 is located at: https://www.sec.gov/comments/sr-nysearca-2017-85/nysearca201785-2589875-161110.pdf.
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    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is September 30, 2017. The Commission is extending this 45-day time
period. The Commission finds that it is appropriate to designate a
longer period within which to take action on the proposed rule change
so that it has sufficient time to consider the proposed rule change.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates November 14, 2017, as the date by which the
Commission shall either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change (File
Number SR-NYSEArca-2017-85), as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21000 Filed 9-29-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Notices]
[Pages 15701-15702]
[FR Doc No: 2017-06316]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9960-25-OA]

Notification of a Public Meeting of the Clean Air Scientific
Advisory Committee (CASAC); Secondary National Ambient Air Quality
Standards Review Panel for Oxides of Nitrogen and Sulfur

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office announces a public meeting of the Clean Air
Scientific Advisory Committee (CASAC) Secondary National Ambient Air
Quality Standards Review Panel for Oxides of Nitrogen and Sulfur to
peer review EPA's Integrated Science Assessment for Oxides of Nitrogen,
Oxides of Sulfur, and Particulate Matter--Ecological Criteria (First
External Review Draft).

DATES: The public meeting of the CASAC Secondary National Ambient Air
Quality Standards Review Panel for Oxides of Nitrogen and Sulfur will
be held on Wednesday May 24, 2017, from 9:00 a.m. to 5:15 p.m. (Eastern
Standard Time) and Thursday, May 25, 2017, from 8:00 a.m. to 3:30 p.m.
(Eastern Time).
    Location: The public meeting will be held at the Hilton Durham
Hotel near Duke University, 3800 Hillsborough Road, Durham, North
Carolina, 27705.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to
obtain information concerning the public meeting may contact Dr. Thomas
Armitage, Designated Federal Officer (DFO), EPA Science Advisory Board
Staff Office (1400R), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460; by telephone at (202)
564-2155 or at<EMAIL_ADDRESS>General information about the
CASAC, as well as any updates concerning the meetings announced in this
notice, may be found on the CASAC Web page at http://www.epa.gov/casac.

SUPPLEMENTARY INFORMATION: The CASAC was established pursuant to the
Clean Air Act (CAA) Amendments of 1977, codified at 42 U.S.C.
7409(d)(2), to review air quality criteria and National Ambient Air
Quality Standards (NAAQS) and recommend any new NAAQS and revisions of
existing criteria and NAAQS as may be appropriate. The CASAC is a
Federal Advisory Committee chartered under the Federal Advisory
Committee Act (FACA), 5 U.S.C., App. 2. Section 109(d)(1) of the CAA
requires that the Agency periodically review and revise, as
appropriate, the air quality criteria and the NAAQS for the six
``criteria'' air pollutants, including oxides of nitrogen, oxides of
sulfur, and particulate matter (PM). EPA is currently reviewing the
secondary (welfare-based) ambient air quality standards for oxides of
nitrogen, oxides of sulfur, and PM.
    Pursuant to FACA and EPA policy, notice is hereby given that the
CASAC Secondary National Ambient Air Quality Standards Review Panel for
Oxides of Nitrogen and Sulfur will hold a public face-to-face meeting
to review EPA's Integrated Science Assessment for Oxides of Nitrogen,
Oxides of Sulfur, and Particulate Matter--Ecological Criteria (First
External Review Draft). The CASAC Secondary National Ambient Air
Quality Standards Review Panel for Oxides of Nitrogen and Sulfur will
comply with the provisions of FACA and all appropriate SAB Staff Office
procedural policies. The Panel will provide advice to the EPA
Administrator through the chartered CASAC.
    Technical Contacts: Any technical questions concerning the
Integrated Science Assessment for Oxides of Nitrogen, Oxides of Sulfur,
and

Particulate Matter--Ecological Criteria (First External Review Draft)
should be directed to Dr. Tara Greaver (greaver.tara@epa.gov), EPA
Office of Research and Development.
    Availability of Meeting Materials: Prior to the meeting, the review
documents, agenda and other materials will be available on the CASAC
Web page at http://www.epa.gov/casac/.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office.
    Federal advisory committees and panels, including scientific
advisory committees, provide independent advice to EPA. Members of the
public can submit relevant comments on the topic of this advisory
activity, including the charge to the panel and the EPA review
documents, and/or the group conducting the activity, for the CASAC to
consider as it develops advice for EPA. Input from the public to the
CASAC will have the most impact if it provides specific scientific or
technical information or analysis for CASAC panels to consider or if it
relates to the clarity or accuracy of the technical information.
Members of the public wishing to provide comment should follow the
instructions below to submit comments.
    Oral Statements: In general, individuals or groups requesting an
oral presentation at a public meeting will be limited to five minutes.
Each person making an oral statement should consider providing written
comments as well as their oral statement so that the points presented
orally can be expanded upon in writing. Interested parties should
contact Dr. Thomas Armitage, DFO, in writing (preferably via email) at
the contact information noted above by May 17, 2017, to be placed on
the list of public speakers.
    Written Statements: Written statements will be accepted throughout
the advisory process; however, for timely consideration by CASAC
members, statements should be supplied to the DFO (preferably via
email) at the contact information noted above by May 17, 2017. It is
the SAB Staff Office general policy to post written comments on the Web
page for the advisory meeting or teleconference. Submitters are
requested to provide an unsigned version of each document because the
SAB Staff Office does not publish documents with signatures on its Web
sites. Members of the public should be aware that their personal
contact information, if included in any written comments, may be posted
to the CASAC Web site. Copyrighted material will not be posted without
explicit permission of the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Armitage at (202)
564-2155 or<EMAIL_ADDRESS>To request accommodation of a
disability, please contact Dr. Armitage preferably at least ten days
prior to each meeting to give EPA as much time as possible to process
your request.

    Dated: March 10, 2017.
 Khanna Johnston,
 Acting Deputy Director, EPA Science Advisory Staff Office.
[FR Doc. 2017-06316 Filed 3-29-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: February 14, 2006 (Volume 71, Number 30)]
[Notices]
[Page 7764]
[DOCID:fr14fe06-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Surrender of Conduit Exemption and
Soliciting Comments, Motions To Intervene, and Protests

February 7, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Surrender of Conduit Exemption.
    b. Project No: 9045-002.
    c. Date Filed: November 16, 2005.
    d. Applicant: Glenn-Colusa Irrigation District.
    e. Name of Project: Mile 41.1 Project.
    f. Location: The project is located on the Mile 41.1 Conduit in
Colusa County, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. O.L. Tenney, Glenn-Colusa Irrigation
District, P.O. Box 150, 344 East laurel Street, Willows, CA 95988,
(530) 934-8881.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing comments and or motions: March 7, 2006.
    All documents (original and eight copies) should be filed with: Ms.
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Please include the project
number (P-9045-002) on any comments or motions filed.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    l. Description of Application: Glenn-Colusa Irrigation District
proposes to surrender the exemption from licensing for the Stovall
2 Project. As part of its request, Glenn-Colusa Irrigation
District proposes to decommission the project. The Glenn-Colusa
Irrigation District will remove the turbine from the concrete penstock,
the lids will be replaced and secured and water deliveries will
continue through the same conduits that have been historically used.
    m. Location of the Application: This filing is available for review
and reproduction at the Commission in the Public Reference Room, Room
2A, 888 First Street, NE., Washington, DC 20426. The filing may also be
viewed on the Web at http://www.ferc.gov using the ``eLibrary'' link.

Enter the docket number, here P-9045, in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item (h) above.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    p. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    q. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-2043 Filed 2-13-06; 8:45 am]

BILLING CODE 6717-01-P


Placeholder: confidential business information item

Comment from Solvay Chemicals, 9/2/08

For more information please contact Ross Brennan by phone at
202-343-9226 or by email at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>


[Federal Register: July 18, 2008 (Volume 73, Number 139)]
[Notices]
[Page 41360-41361]
[DOCID:fr18jy08-92]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0397]

Agency Information Collection Activities; Proposed Collection;
Comment Request; State Enforcement Notifications

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on reporting requirements
contained in existing FDA regulations governing State enforcement
notifications.

DATES:  Submit written or electronic comments on the collection of
information by September 16, 2008.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief
Information Officer (HFA-250), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

State Enforcement Notifications--21 CFR 100.2(d) (OMB Control Number
0910-0275)--Extension

    Section 310(b) of the Federal Food, Drug, and Cosmetic Act (the
act) (21 U.S.C. 337(b)) authorizes States to enforce certain sections
of the act in their own names, but provides that States must notify FDA
before doing so. Section 100.2(d) (21 CFR 100.2 (d)) sets forth the
information that a State must provide to FDA in a letter of
notification when it intends to take enforcement action under the act
against a particular food located in the State. The information
required under Sec.  100.2(d) will enable FDA to identify the food
against which the State intends to take action and advise the State
whether Federal action has been taken against it. With certain narrow
exceptions, Federal enforcement action precludes State action under the
act.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                      No. of         Annual Frequency       Total Annual        Hours per
21 CFR Section     Respondents         per Response          Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
100.2(d)                        1                     1                  1                 10                 10
----------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    The estimated reporting burden for Sec.  100.2(d) is minimal
because enforcement notifications are seldom used by States. During the
last 3 years, FDA has not received any new enforcement notifications;
therefore, the agency estimates that one or fewer notifications will be
submitted annually. Although FDA has not received any new enforcement
notifications in the last 3 years, it believes these information
collection provisions should be extended to provide for the potential
future need of a State government to submit enforcement notifications
informing FDA when it intends to take enforcement action under the act
against a particular food located in the State.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

    Dated: July 14, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-16447 Filed 7-17-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Proposed Rules]
[Pages 28770-28774]
[FR Doc No: 2016-10735]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6417; Directorate Identifier 2015-NM-134-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company 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 all
The Boeing Company Model DC-10-10 and DC-10-10F airplanes, Model DC-10-
15 airplanes, Model DC-10-30 and DC-10-30F (KC-10A and KDC-10)
airplanes, Model DC-10-40 and DC-10-40F airplanes, Model MD-10-10F and
MD-10-30F airplanes, and Model MD-11 and MD-11F airplanes. This
proposed AD was prompted by results from fuel system reviews conducted
by the manufacturer and multiple reports of fuel pump housing
electrical connector failures related to ingress of airplane fluids.
This proposed AD would require replacement of the fuel pump housing
electrical connector or replacement of the fuel pump housing;
repetitive inspections for proper operation and corrective actions if
necessary; and revising the maintenance or inspection program to
incorporate new airworthiness limitations. This proposed AD would also
require, for certain airplanes, a general visual inspection of the
protective cap and replacement if necessary. We are proposing this AD
to prevent failure of the fuel pump housing electrical connector, which
could result in a potential ignition source in a fuel tank and
consequent fire or explosion.

DATES: We must receive comments on this proposed AD by June 24, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For The Boeing Company service information identified in this NPRM,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, 3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA
90846-0001; phone:<PHONE_NUMBER>, extension 2; fax:<PHONE_NUMBER>;
Internet https://www.myboeingfleet.com.
    For Crane Aerospace & Electronics, Hydro-Aire, Inc. service
information identified in this NPRM, contact Crane Aerospace &
Electronics, Hydro-Aire, Inc.: 3000 Winona Avenue, Burbank, CA

91510-7722; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221. Boeing Service Bulletin DC10-28-264, dated May 15, 2015; and
Boeing Service Bulletin MD11-28-146, dated May 15, 2015; are also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-6417.

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-2016-
6417; 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 (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Philip Kush, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5263; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-6417;
Directorate Identifier 2015-NM-134-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://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

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, combination of
failures, and unacceptable (failure) experience. For all three failure
criteria, the evaluations included consideration of previous actions
taken that may mitigate the need for further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
    We have received multiple reports of fuel pump housing electrical
connector failures related to ingress of airplane fluids. Currently
installed fuel pump housing electrical connectors have 18 month
repetitive inspection requirements related to AD 2011-11-05, Amendment
39-16704 (76 FR 31462, dated June 1, 2011) (``AD 2011-11-05''), and AD
2002-13-10, Amendment 39-12798 (67 FR 45053, dated July 8, 2002) (``AD
2002-13-10''). An improved fuel pump housing electrical connector has
been developed to supersede the currently installed fuel pump housing
electrical connector. Additionally, a secondary option has been
developed that allows the operator to replace the fuel pump housing. In
addition to the new fuel pump housing electrical connector, the use of
environmentally sealed terminal lugs will help to prevent the wicking
of airplane fluids into the fuel pump wires and the fuel pump housing
electrical connector. This condition, if not corrected, could result in
failure of the fuel pump housing electrical connector, causing a
potential ignition source in a fuel tank and consequent fire or
explosion.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information.
     Boeing Service Bulletin DC10-28-264, dated May 15, 2015.
The service information describes procedures for replacement of the
fuel pump housing electrical connector with a new fuel pump housing
electrical connector or replacement of the fuel pump housing. The
service information also describes procedures for inspections for
proper operation and corrective actions if necessary.
     Boeing Service Bulletin MD11-28-146, dated May 15, 2015.
The service information describes procedures for replacement of the
fuel pump housing electrical connector with a new fuel pump housing
electrical connector or replacement of the fuel pump housing. The
service information also describes procedures for inspections for
proper operation and corrective actions if necessary.
     Crane Aerospace & Electronics, Hydro-Aire, Inc. Service
Bulletin 60-843/845-28-2, dated October 1, 2014. The service
information describes procedures for a general visual inspection of the
protective cap and replacement if necessary.
     Appendixes B, C, and D of Boeing Trijet Special Compliance
Item Report MDC-02K1003, Revision O, dated April 15, 2015, which
include Critical Design Configuration Control Limitations (CDCCLs),
Airworthiness Limitation Instructions (ALIs), and short-term
extensions.

    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.

Other Relevant Rulemaking

    AD 2000-22-21, Amendment 39-11969 (65 FR 69658, dated November 20,
2000) (``AD 2000-22-21''), applies to all The Boeing Company Model DC-
10, Model MD-10, and Model MD-11 series airplanes. AD 2000-22-21
requires revising the Airplane Flight Manual (AFM) to ensure that the
flight crew is advised of appropriate procedures for disabling certain
fuel pump electrical circuits following failure of a fuel pump
electrical connector. For certain airplanes, AD 2000-22-21 also
requires revising the AFM to prohibit resetting of tripped fuel pump
circuit breakers. AD 2000-22-21 was prompted by reports of four
incidents on McDonnell Douglas Model DC-10 and MD-11 series airplanes,
in which a short circuit occurred in the electrical connector between
the power lead and the housing of a fuel pump. The circuit breaker did
not trip in any of these incidents because the electrical arcing that
occurred was shorter in duration than necessary for the circuit breaker
to detect the arcing and open the circuit. We issued AD 2000-22-21 to
prevent continued arcing following a short circuit of the fuel pump
electrical connector, which could damage the conduit that protects the
power lead inside the fuel tank, and result in the creation of a
potential ignition source in the fuel tank.
    AD 2002-13-10 applies to certain The Boeing Company Model DC-10-10,
-10F, -15, -30, -30F, -30F (KC-10A and KDC-10), -40, and -40F
airplanes; Model MD-10-10F and -30F airplanes; and Model MD-11 and -11F
airplanes. AD 2002-13-10 requires repetitive tests for electrical
continuity and resistance and repetitive inspections to detect
discrepancies of the fuel boost/transfer pump connectors; and
corrective actions, if necessary. AD 2002-13-10 was prompted by reports
of five instances of failed connectors in the fuel boost/transfer pump
circuit on The Boeing Company Model DC-10 and MD-11 series airplanes.
We issued AD 2002-13-10 to prevent arcing of connectors in the fuel
boost/transfer pump circuit, which could result in a fire or explosion
of the fuel tank.
    AD 2003-07-14, Amendment 39-13110 (68 FR 17544, dated April 10,
2003), applies to a single The Boeing Company Model DC-10-30 airplane.
AD 2003-07-14 requires repetitive tests for electrical continuity and
resistance and repetitive inspections to detect discrepancies of the
fuel boost/transfer pump connectors; and corrective actions, if
necessary. AD 2003-07-14 was prompted by reports of five instances of
failed connectors in the fuel boost/transfer pump circuit on certain
McDonnell Douglas Model DC-10 and MD-11 series airplanes. We issued AD
2003-07-14 to prevent arcing of connectors in the fuel boost/transfer
pump circuit, which could result in a fire or explosion of the fuel
tank.
    AD 2008-06-21 R1, Amendment 39-16100 (74 FR 61504, November 25,
2009), applies to all McDonnell Douglas Corporation Model DC-10-10 and
DC-10-10F airplanes, Model DC-10-15 airplanes, Model DC-10-30 and DC-
10-30F (KC-10A and KDC-10) airplanes, Model DC-10-40 and DC-10-40F
airplanes, Model MD-10-10F and MD-10-30F airplanes, and Model MD-11 and
MD-11F airplanes. AD 2008-06-21 R1 requires revising the FAA-approved
maintenance program, or the Airworthiness Limitations (AWLs) section of
the Instructions for Continued Airworthiness, as applicable, to
incorporate new AWLs for fuel tank systems to satisfy Special Federal
Aviation Regulation No. 88 requirements. For certain airplanes, AD
2008-06-21 R1 also requires the initial accomplishment of a certain
repetitive AWL inspection to phase in that inspection, and repair if
necessary. AD 2008-06-21 R1 clarifies the intended effect of the AD on
spare and on-airplane fuel tank system components. AD 2008-06-21 R1 was
prompted by a design review of the fuel tank system. We issued AD 2008-
06-21 R1 to prevent the potential for ignition sources inside fuel
tanks caused by latent failures, alterations, repairs, or maintenance
actions, which, in combination with flammable fuel vapors, could result
in a fuel tank explosion and consequent loss of the airplane.
    AD 2011-11-05 applies to all The Boeing Company Model DC-10-10, DC-
10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40,
DC-10-40F; Model MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes. AD
2011-11-05 requires replacing the fuel pump housing electrical
connector assembly with a new part and doing repetitive inspections for
continuity, resistance, and insulation resistance, and doing corrective
actions if necessary. AD 2011-11-05 was prompted by reports of failures
of a certain fuel pump housing electrical connector. We issued AD 2011-
11-05 to detect and correct insulation resistance degradation and
arcing in the potted backside of the electrical connector assembly of
the fuel boost/transfer pump housing, which could compromise its
performance and cause an ignition source in the fuel tank, resulting in
a fuel tank explosion and consequent loss of the airplane.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

Proposed AD Requirements

    This proposed AD would require replacement of the fuel pump housing
electrical connector or replacement of the fuel pump housing. This
proposed AD would also require, for certain airplanes, a general visual
inspection of the protective cap and replacement if necessary. This
proposed AD would also require repetitive inspections for proper
operation of the fuel pump and corrective actions if necessary. This
proposed AD would also require revising the maintenance or inspection
program to incorporate new airworthiness limitations.
    This proposed AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections) and CDCCLs.
Compliance with these actions and CDCCLs is required by 14 CFR
91.403(c). For airplanes that have been previously modified, altered,
or repaired in the areas addressed by this AD, the operator may not be
able to accomplish the actions 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
(l) 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.
    Notwithstanding any other maintenance or operational requirements,
components that have been identified as airworthy or installed on the
affected airplanes before accomplishing the revision of the airplane
maintenance or inspection program specified in this proposed AD, do not
need to be reworked in accordance with the CDCCLs. However, once the
airplane maintenance or inspection program has been revised as required
by this proposed AD, future maintenance actions on these components
must be done in accordance with the CDCCLs.

    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' correct or address any condition found.
Corrective actions in an AD could include, for example, repairs.

Costs of Compliance

    We estimate that this proposed AD affects 246 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                      Labor cost                 Parts cost                   Cost per product             Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Option 1: Replace connectors        68 work-hours x $85    $54,842.......................  $60,622.......................  $7,395,884.
 (including inspection) (122 Model   per hour = $5,780.
 DC-10, and MD-10 airplanes.).
Option 1: Replace connectors        59 work-hours x $85    $67,031.......................  $72,046.......................  $8,933,704.
 (including inspection) (124 Model   per hour = $5,015.
 MD-11 airplanes.).
Option 2: Replace fuel pump         Up to 81 work-hours x  Up to $54,842.................  Up to $61,727.................  Up to $7,530,694.
 housings (122 Model DC-10, and MD-  $85 per hour =
 10 airplanes.).                     $6,885.
Option 2: Replace fuel pump         77 work-hours x $85    $67,031.......................  $73,576.......................  $9,123,424.
 housings (124 Model MD-11           per hour = $6,545.
 airplanes.).
Maintenance or inspection program   1 work-hour x $85 per  $0............................  $85...........................  $20,910.
 revision.                           hour = $85.
Inspection for proper operation...  Up to 130 work-hours   $0............................  Up to $11,050.................  Up to $2,718,300.
                                     x $85 per hour =
                                     $11,050.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition replacement and corrective actions
specified in this proposed AD.

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

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2016-6417; Directorate Identifier
2015-NM-134-AD.

(a) Comments Due Date

    We must receive comments by June 24, 2016.

(b) Affected ADs

    This AD affects AD 2000-22-21, Amendment 39-11969 (65 FR 69658,
dated November 20, 2000); AD 2002-13-10, Amendment 39-12798 (67 FR
45053, dated July 8, 2002); AD 2003-07-14, Amendment 39-13110 (68 FR
17544, dated April 10, 2003); AD 2008-06-21 R1, Amendment 39-16100
(74 FR 61504, November 25, 2009); and AD 2011-11-05, Amendment 39-
16704 (76 FR 31462, dated June 1, 2011).

(c) Applicability

    This AD applies to all The Boeing Company Model DC-10-10 and DC-
10-10F airplanes, Model DC-10-15 airplanes, Model DC-10-30 and DC-
10-30F (KC-10A and KDC-10) airplanes, Model DC-10-40 and DC-10-40F
airplanes, Model MD-10-10F and MD-10-30F airplanes, and Model MD-11
and MD-11F airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by multiple reports of fuel pump housing
electrical connector failures related to ingress of airplane fluids.
We are issuing this AD to prevent failure of the fuel pump housing
electrical connector, which could result in a potential ignition
source in a fuel tank and consequent fire or explosion.

(f) Compliance

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

(g) Replacement

    Within 36 months after the effective date of this AD, do the
actions required by paragraph (g)(1) or (g)(2) of this AD.
    (1) Do a replacement of the fuel pump housing electrical
connector with a new fuel pump housing electrical connector,
including doing a general visual inspection of the protective cap
for a spring and applicable replacement of the protective cap, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin DC10-28-264, dated May 15, 2015; or Boeing Service Bulletin
MD11-28-145, dated May 15, 2015, as applicable; and Crane Aerospace
& Electronics, Hydro-Aire, Inc. Service Bulletin 60-843/845-28-2,
dated October 1, 2014.
    (2) Do a replacement of the fuel boost pump housing with a new
fuel boost pump housing, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin DC10-28-264, dated May 15,
2015; or Boeing Service Bulletin MD11-28-146, dated May 15, 2015, as
applicable.

(h) Repetitive Inspections

    Within 24 months after accomplishing the replacement required by
paragraph (g) of this AD, do an inspection for proper operation of
the fuel pump and all applicable corrective actions, in accordance
with Appendix A, ``24 Month Repetitive Inspection,'' of Boeing
Service Bulletin DC10-28-264, dated May 15, 2015; or Boeing Service
Bulletin MD11-28-146, dated May 15, 2015; as applicable. Do all
applicable corrective actions before further flight. Repeat the
inspection thereafter at intervals not to exceed 24 months.

(i) Maintenance or Inspection Program Revision

    Within 30 days after accomplishing the replacement required by
paragraph (g) of this AD, or within 30 days after the effective date
of this AD, whichever occurs later, revise the maintenance or
inspection program, as applicable, to incorporate the Critical
Design Configuration Control Limitations (CDCCLs), Airworthiness
Limitation Instructions (ALIs), and short-term extensions specified
in Appendices B, C, and D of Boeing Trijet Special Compliance Item
(SCI) Report MDC-02K1003, Revision O, dated April 15, 2015. The
initial compliance time for accomplishing the actions specified in
the ALIs is at the later of the times specified in paragraphs (i)(1)
and (i)(2) of this AD. Revising the maintenance or inspection
program required by this paragraph terminates the requirements in
paragraphs (g) and (h) of AD 2008-06-21 R1, Amendment 39-16100 (74
FR 61504, November 25, 2009).
    (1) At the applicable time specified in Appendix C of Boeing
Trijet SCI Report MDC-02K1003, Revision O, dated April 15, 2015,
except as provided by Appendix D of Boeing Trijet SCI Report MDC-
02K1003, Revision O, dated April 15, 2015.
    (2) Within 30 days after accomplishing the actions required by
paragraph (g) of this AD, or within 30 days after the effective date
of this AD, whichever occurs later.

(j) No Alternative Actions, Intervals, or CDCCLs

    After the maintenance or inspection program has been revised as
required by paragraph (i) of this AD, no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, or CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (l) of this AD.

(k) Terminating Action for Certain Paragraphs of Other ADs

    Accomplishing the actions required by paragraph (g) of this AD
terminates the requirements specified in paragraphs (k)(1), (k)(2),
(k)(3), and (k)(4) of this AD for that airplane only.
    (1) The actions required by paragraph (a) of AD 2000-22-21,
Amendment 39-11969 (65 FR 69658, dated November 20, 2000).
    (2) The actions required by paragraphs (a) and (b) of AD 2002-
13-10, Amendment 39-12798 (67 FR 45053, dated July 8, 2002).
    (3) The actions required by paragraphs (a) and (b) of AD 2003-
07-14, Amendment 39-13110 (68 FR 17544, dated April 10, 2003).
    (4) The actions required by paragraph (j) of AD 2011-11-05,
Amendment 39-16704 (76 FR 31462, dated June 1, 2011).

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (m)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, 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, Los Angeles 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) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(l)(4)(i) and (l)(4)(ii) 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. 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 Philip Kush,
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles
Aircraft Certification Office (ACO), 3960 Paramount Boulevard,
Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For The Boeing Company service information identified in
this AD, contact Boeing Commercial Airplanes, Attention: Data &
Services Management, 3855 Lakewood Boulevard, MC D800-0019, Long
Beach, CA 90846-0001; phone:<PHONE_NUMBER>, extension 2; fax: 206-
766-5683; Internet https://www.myboeingfleet.com.
    (3) For Crane Aerospace & Electronics, Hydro-Aire, Inc. service
information identified in this AD, contact Crane Aerospace &
Electronics, Hydro-Aire, Inc.: 3000 Winona Avenue, Burbank, CA
91510-7722; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (4) You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, WA, on April 27, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-10735 Filed 5-9-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Notices]
[Pages 62988-62990]
[FR Doc No: 2014-24942]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73354; File No. SR-CBOE-2014-075]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the CBOE Order Routing Subsidy Program
and the Complex Order Routing Subsidy Program

October 15, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 1, 2014, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's
Office of the Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to make a number of amendments to its Order
Routing Subsidy (ORS) and Complex Order Routing Subsidy (CORS) Programs
(collectively ``Programs''). By way of background, the ORS and CORS
Programs allow CBOE to enter into subsidy arrangements with any CBOE
Trading Permit Holder (``TPH'') (each, a ``Participating TPH'') or Non-
CBOE TPH broker-dealer (each a ``Participating Non-CBOE TPH'') that
meet certain criteria and provide certain order routing functionalities
to other CBOE TPHs, Non-CBOE TPHs and/or use such functionalities
themselves.\3\ (The term ``Participant'' as used in this filing refers

to either a Participating TPH or a Participating Non-CBOE TPH).
Participants in the ORS Program receive a payment from CBOE for every
executed contract for simple orders routed to CBOE through their
system. CBOE does not make payments under the ORS Program with respect
to executed contracts in single-listed options classes traded on CBOE,
or with respect to complex orders or spread orders. Participants in the
CORS Program receive a payment from CBOE for every executed contract
for complex orders routed to CBOE through their system. CBOE does not
make payments under the CORS Program with respect to executed contracts
in single-listed options classes traded on CBOE or with respect to
simple orders. The Exchange currently pays a subsidy of $0.04 per
contract for regular orders and a subsidy of $0.004 per contract for
mini-options orders under both the ORS and CORS programs in order to
subsidize Participants' costs associated with providing order routing
functionalities.
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    \3\ See CBOE Fees Schedule, ``Order Router Subsidy Program'' and
``Complex Order Router Subsidy Program'' tables for more details on
the ORS and CORS Programs.
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    The Exchange first proposes to eliminate the $0.04 per contract
subsidy in both Programs and establish instead different subsidies for
customer and non-customer orders. Specifically, the Exchange proposes
to introduce a separate subsidy per contract for customer (C origin
code) orders and increase the current subsidy per contract for all non-
customer orders. The Exchange proposes to pay a subsidy of $0.02 per
contract for all customer (C) orders and a subsidy of $0.06 per
contract for all non-customer orders. The proposed change is applicable
to both Programs. Additionally, the Exchange proposes to cease making
payments under both Programs with respect to executed contracts in
mini-option classes. The Exchange no longer believes it is
competitively necessary to incentivize the sending of mini-options to
the Exchange and accordingly does not wish to offer a subsidy for mini-
options under the ORS and CORS Programs. The Exchange notes that a
similar subsidy program offered by NYSE Amex Options (``Amex'') also
excludes mini-options.\4\
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    \4\ See NYSE Amex Options Fee Schedule (``Fee Schedule''),
Market Access and Connectivity (``MAC'') Subsidy.
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    The Exchange next proposes to eliminate from the ORS and CORS
Programs payment of subsidies for contracts executed via the Automated
Improvement Mechanism (``AIM''). Contracts that execute via AIM already
have an opportunity to earn various rebates and discounts and thus the
Exchange believes it is appropriate to exclude AIM executions from the
Programs.\5\ The Exchange notes that the subsidy program offered by
Amex excludes contracts executed via Amex's auction mechanism.\6\
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    \5\ See e.g., CBOE Fees Schedule, Volume Incentive Program.
Additionally, the Exchange notes Facilitation orders executed via
AIM are not assessed transaction fees.
    \6\ See NYSE Amex Options Fee Schedule (``Fee Schedule''),
Market Access and Connectivity (``MAC'') Subsidy.
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    Next, the Exchange seeks to eliminate Marketing and Billing
Services Elections from the ORS Program. By way of background, a
Participant of the ORS Program may elect to have CBOE perform certain
additional marketing services on its behalf. If a Participant elected
to have CBOE perform these services, the amount that CBOE would pay the
Participant for orders routed to CBOE through the Participant's system
would be reduced from $0.04 per executed contract to $0.03 per executed
contract. A Participant of the ORS Program can also elect to have CBOE
perform the service of billing other CBOE TPHs with respect to the use
of the Participant's router. A Participant that elects to have CBOE
perform this service would pay CBOE a service fee of one percent of the
fees collected by CBOE for that TPH. The Exchange notes that currently
there are no Participants that are using either election. The Exchange
no longer wishes to offer either election and as such seeks to
eliminate them from the ORS Program and Fees Schedule. The Exchange
also notes that the CORS Program does not offer these optional
services.
    Finally, the Exchange proposes to explicitly clarify in Footnote 30
that CBOE does not make payments under the CORS program with respect to
executed contracts in single-listed option classes traded on CBOE. Such
a statement is already included in Footnote 29, which governs the ORS
Program, but was inadvertently not included in Footnote 30 when the
CORS Program was adopted. The Exchange believes the proposed change
will reduce potential confusion.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitation
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Exchange also believes the proposed rule
change is consistent with Section 6(b)(4) of the Act,\10\ which
requires that Exchange rules provide for the equitable allocation of
reasonable dues, fees, and other charges among its Trading Permit
Holders and other persons using its facilities.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
    \10\ 15 U.S.C. 78f(b)(4).
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    In particular, the Exchange believes the proposed amendments to the
ORS and CORS Programs are reasonable because the proposed changes still
afford Participants an opportunity to receive payments to subsidize the
costs associated with providing certain order routing functionalities
that would otherwise go unsubsidized. Additionally, the Exchange
believes the increased $0.06 per contract subsidy for non-customer
orders is reasonable because it is within the range of subsidies paid
by another exchange under a similar subsidy program.\11\
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    \11\ See NYSE Amex Options Fee Schedule, Market Access and
Connectivity (``MAC'') Subsidy.
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    The Exchange believes that limiting the subsidy payments to those
that provide order routing functionalities is equitable and not
unfairly discriminatory because the Participants of the Programs have
devoted resources to provide the order routing functionalities. The
Programs further encourages CBOE TPHs and broker-dealers that are not
CBOE TPHs to provide order routing functionalities.
    In addition, the Exchange believes that the proposed changes are
equitable and not unfairly discriminatory because the changes are
applicable to all Participants and any CBOE TPH or broker-dealer that
is not a CBOE TPH may continue to avail itself of the arrangements
under the Programs, provided that their routing functionality
incorporates the respective requirements of each Program.

    The Exchange also believes it is equitable and not unfairly
discriminatory to establish separate subsidies for customer and non-
customer orders under the Programs. Particularly, the Exchange notes
that customer orders already have the opportunity to earn various
rebates, discounts or fee caps.\12\ As such, the Exchange believes it
is fair and equitable to provide a lesser subsidy for customer orders
as compared to non-customer orders. The Exchange also notes that Amex
does not provide a subsidy for any Customer volume under its MAC
Subsidy Program.\13\
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    \12\ See e.g., CBOE Fees Schedule, Customer Large Trade Discount
and Volume Incentive Program.
    \13\ See Securities Exchange Act Release No. 71532 (February 12,
2014), 79 FR 9563 (February 19, 2014) (SR-NYSEAmex-2014-12).
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    The Exchange believes the elimination of subsidies for mini-options
under the Programs is reasonable, equitable and not unfairly
discriminatory because the Exchange believes it is no longer
competitively necessary to encourage the sending of mini-options to the
Exchange and thus does not believe it's necessary to provide a subsidy
for mini-option orders. Additionally, as noted in the purpose section,
Amex's MAC Program also excludes mini-options. The Exchange believes it
is equitable and not unfairly discriminatory to exclude AIM contracts
from both Programs because, like customer orders, orders executed via
AIM already have an opportunity to earn various rebates or
discounts.\14\
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    \14\ See supra note 5.
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    The Exchange believes the clarification that the CORS Program
excludes single-listed options will alleviate potential confusion. The
alleviation of potential confusion will remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, protect investors and the public interest.
Finally, the Exchange believes the elimination of the Marketing and
Billing Services Elections from the ORS Program is reasonable,
equitable and not unfairly discriminatory because it merely eliminates
optional services, which currently are not being used by any
Participant.

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed changes will impose an unnecessary burden on
intramarket competition because they will apply equally to all
participating parties. Although the subsidy for orders routed to CBOE
through a Participant's system only applies to Participants of the
Programs, the subsidies are designed to encourage the sending of more
orders to the Exchange, which should provide greater liquidity and
trading opportunities for all market participants. Further, the
Exchange does not believe that such changes will impose any burden on
intermarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange notes that, should
the proposed changes make CBOE more attractive for trading, market
participants trading on other exchanges can always elect to provide
order routing functionality to CBOE. Additionally, to the extent that
the proposed changes to the ORS and CORS Programs result in increased
trading volume on CBOE and lessened volume on other exchanges, the
Exchange notes that market participants trading on other exchanges can
always elect to become TPHs on CBOE to take advantage of the trading
opportunities.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4 \16\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2014-075 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2014-075. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2014-075 and should be
submitted on or before November 12, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Kevin M. O'Neill,
Deputy Secretary.
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    \17\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2014-24942 Filed 10-20-14; 8:45 am]
BILLING CODE 8011-01-P