[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Pages 20426-20428]
[FR Doc No: 2021-07959]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91542; File No. SR-MIAX-2021-09]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Exchange Rule 1801, Definitions and
Exchange Rule 1809, Terms of Index Options Contracts

April 13, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 30, 2021, Miami International Securities Exchange, LLC
(``MIAX Options'' 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\ 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

    The Exchange is filing a proposal to amend Interpretation and
Policy .01 to Exchange Rule 1801 and Exchange Rules 1809(a)(3)-(5), to
amend the names of certain indexes on which the Exchange may list and
trade options due to rebranding, and to update the reporting authority
for those indexes.\3\
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    \3\ On April 16, 2020, the Exchange filed a Form 19b-4(e) with
the Commission pursuant to Rule 19b-4(e) of the Act for the AF CRE
Indexes (defined below). The Exchange has not yet listed options for
trading on the AF CRE Indexes for business reasons. The Exchange
notes that it will file a Form 19b-4(e) with the Commission pursuant
to Rule 19b-4(e) of the Act for the BRIXX Indexes (defined below) at
the time the Exchange anticipates it will begin listing options for
trading on the BRIXX Indexes.
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    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Interpretation and Policy .01 to
Exchange Rule 1801 and Exchange Rule 1809(a)(3)-(5), to amend the names
of certain indexes on which the Exchange may list and trade options due
to a rebranding of those index names, and to update the reporting
authority for those indexes.
    The Exchange first proposes to amend Exchange Rule 1801,
Interpretation and Policy .01, to amend the names of the Advanced
Fundamentals LLC (``Advanced Fundamentals'') Commercial Real Estate
Indexes (the ``AF CRE Indexes''), on which the Exchange may list
options, due to the Exchange rebranding the AF CRE Indexes under new
names. The Exchange also proposes to update the reporting authority
service provider for the newly rebranded indexes.
    On April 17, 2020, the Exchange filed its proposal with the
Commission to amend certain of the Exchange's rules in connection with
the Exchange's plan to list and trade options on five AF CRE Indexes--
the AF CRE Residential Index, AF CRE Retail Index, AF CRE Office Index,
AF CRE Hospitality Index and AF CRE Composite Index.\4\ The AF CRE
Indexes measure real-time real estate returns representing the
performance of real estate investment trusts (``REITs'') and/or
publicly listed equity companies across various sectors. Each
constituent of an AF CRE Index is a REIT or equity company listed on a
U.S. securities exchange. The individual components of each AF CRE
Sector Index are determined from the REITs/equity companies that have
the largest enterprise value (``Enterprise Value'') \5\ within each
individual sector and that meet certain minimum eligibility
requirements. Since the publication of the AF CRE Index Notice and to
date, the Exchange has not listed options for trading on the AF CRE
Indexes (or options on the rebranded products, the BRIXX Indexes,
described below), for business reasons.
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    \4\ See Securities Exchange Act Release No. 88767 (April 29,
2020), 85 FR 26743 (May 5, 2020) (SR-MIAX-2020-08) (Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change to List and
Trade Options That Overlie Five Advanced Fundamentals LLC Commercial
Real Estate Indexes) (the ``AF CRE Index Notice'').
    \5\ The term ``Enterprise Value'' refers to the measure of a
company's total value, calculated by adding the company's market
capitalization, total liabilities and preferred equity, then
subtracting all cash and cash equivalents. See https://www.investopedia.com/terms/e/enterprisevalue.asp.
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    Recently, the Exchange rebranded the AF CRE Indexes as the
BRIXX\TM\ Commercial Real Estate Indexes (the ``BRIXX Indexes''), as
follows: (1) The AF CRE Office Index is rebranded as the BRIXX Office
Index; (2) the AF CRE Retail Index is rebranded as the BRIXX Retail
Index; (3) the AF CRE Residential Index is rebranded as the BRIXX
Residential Index; (4) the AF CRE Hospitality Index is rebranded as the
BRIXX Hospitality Index; and (5) the AF CRE Composite Index is
rebranded as the BRIXX Composite Index. Accordingly, the Exchange
proposes to amend the table of indexes in Exchange Rule 1801,
Interpretation and Policy .01, to insert each of the rebranded BRIXX
Indexes in place of the AF CRE Indexes under the heading ``Underlying
Index.''
    The Exchange also proposes to amend Exchange Rule 1801,
Interpretation and Policy .01, to update the reporting authority \6\
for each of the BRIXX Indexes. The reporting authority in respect of a
particular index means the institution or reporting service designated
by the Exchange as the official source for calculating the level of the
index from the reporting prices of the underlying securities that are
the basis of the index and reporting such level.\7\ At the time of the
AF CRE Index Notice, Refinitiv was listed as the reporting authority
for each of the AF CRE Indexes (now known as the BRIXX Indexes).\8\
Refinitiv still monitors and

maintains each of the BRIXX Indexes and rebalances each of the BRIXX
Indexes quarterly.\9\
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    \6\ See Exchange Rule 1801(p).
    \7\ See id.
    \8\ Refinitiv is currently the reporting authority for each of
the BRIXX Indexes (formerly, the AF CRE Indexes). See Exchange Rule
1801, Interpretation and Policy .01. Thomson Reuters' Financial &
Risk (``F&R'') business unit was rebranded under the name
``Refinitiv'' in 2018 when Thomson Reuters sold a majority stake in
its F&R business unit to private equity firm Blackstone Group LP.
Refinitiv provides financial markets data and infrastructure in over
150 countries. Part of Refinitiv's services include, but are not
limited to, the calculation of various indexes. See Thomson Reuters
Financial & Risk Business Announces New Company Name: Refinitiv
(July 27, 2018), available at https://www.thomsonreuters.com/en/press-releases/2018/july/thomson-reuters-financial-and-risk-business-announces-new-company-name-refinitiv.html.
    \9\ See supra note 4.
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    The Exchange does not currently list options for trading on the
BRIXX Indexes (and has not listed options for trading under the
previously named AF CRE Indexes). Recently, the Exchange determined to
switch reporting authority service providers for the BRIXX Indexes from
Refinitiv to Devexperts Inc. (``Devexperts'').\10\ The Exchange
proposes to announce when the transfer in reporting authority service
provider from Refinitiv to Devexperts is complete by Regulatory
Circular. As a result, the Exchange designates Devexperts as the
reporting authority for each of the BRIXX Indexes, and proposes to
amend the table in Interpretation and Policy .01 to Exchange Rule 1801
to reflect such changes under the heading ``Reporting Authority.'' \11\
The Exchange represents that this change will have no impact on the
accuracy and dissemination of index values for any of the BRIXX
Indexes. Values for the BRIXX Indexes will continue to be disseminated
and available to market participants in the same manner and in the same
intervals.\12\
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    \10\ Devexperts provides consulting and software development
services for the financial industry, including calculation and
reporting services, on-line and desktop trading execution platforms,
risk management and fix gateways, and real-time and historical data
services. See https://devexperts.com/about-devexperts/.
    \11\ The Exchange notes that, for business reasons, it acts as
the reporting authority for the SPIKES Volatility Index, on which
the Exchange currently lists options, instead of a third-party
service provider. See Exchange Rule 1801, Interpretation and Policy
.01.
    \12\ Pursuant to Exchange Rules 1802(b)(10) and (d)(11), the
current value of an index must be disseminated at least once every
15 seconds by one or more major market data vendors. The Exchange
represents that this will continue to be the case for the AF CRE
Indexes.
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    Next, the Exchange proposes to amend Exchange Rules 1809(a)(3)-(5)
to update the names of the AF CRE Indexes to be rebranded as the BRIXX
Indexes, as described above. The AF CRE Index Notice provided that,
pursuant to Exchange Rules 1809(a)(3)-(5), the Exchange would be able
to list up to twelve (12) standard monthly expirations on the AF CRE
Indexes, the AF CRE Indexes would be European-style index options, and
the AF CRE Indexes would be A.M-settled.\13\ The Exchange proposes to
amend Exchange Rules 1809(a)(3)-(5) to reflect the name change of the
AF CRE Indexes to the BRIXX Indexes. Accordingly, with the proposed
changes, Exchange Rules 1809(a)(3)-(5) will provide that the Exchange
is able to list up to twelve (12) standard monthly expirations on the
BRIXX Indexes, the BRIXX Indexes are European-style index options, and
the BRIXX Indexes are A.M-settled.
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    \13\ See Exchange Rules 1809(a)(3)-(5).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\14\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \15\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \16\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
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    The Exchange believes that the proposed rule changes remove
impediments to and perfects the mechanism of a free and open market a
national market system, and protects investors and the public interest
by updating the Exchange's rules to reflect the rebranded names of
certain indexes on which the is authorized to list and trade options,
as well as to update the reporting authority service provider for the
BRIXX Indexes. The Exchange believes this promotes transparency in its
rules and may eliminate any potential confusion among market
participants. The proposed rule changes will have no impact on the
dissemination of index values of the BRIXX Indexes, but merely reflects
a rebranding of the products and a change in the reporting authority
service provider for the various indexes on which the Exchange is
authorized to list options, due to business reasons. The Exchange
believes this proposal perfects the mechanism of a free and open market
a national market system, and protects investors and the public
interest because, with the proposed rebrand from the AF CRE Indexes to
the BRIXX Indexes, there will be no change to the initial or
maintenance listing criteria, expiration months, settlement or exercise
style of options on the BRIXX Indexes. The Exchange notes that this
proposal is simply to clarify the rebranded name of the index options
products.
    The Exchange believes that the proposed change in reporting
authority service provider removes impediments to and perfects the
mechanism of a free and open market a national market system, and
protects investors and the public interest because this change will
have no impact on the accuracy and dissemination of index values for
any of the BRIXX Indexes. Values for the BRIXX Indexes will continue to
be disseminated and available to market participants in the same manner
and in the same intervals. The Exchange notes that it has not listed
options on the AF CRE Indexes (or options on the rebranded products,
the BRIXX Indexes) at this time.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to be a competitive rule filing. Rather, the proposed rule
change merely reflects a change to the name of the index options and
the reporting authority service provider for the various indexes on
which the Exchange is authorized to list options due to business
reasons. The proposed rule change has no impact on the dissemination of
index values for the BRIXX Indexes. Further, the Exchange has not yet
listed options for trading on the BRIXX Indexes.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing 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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-4(f)(6)
\18\ thereunder.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 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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    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 to
determine whether the proposed rule should be approved or disapproved.

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-MIAX-2021-09 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-MIAX-2021-09. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MIAX-2021-09 and should be submitted on
or before May 10, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-07959 Filed 4-16-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Notices]
[Page 27885]
[DOCID:fr14my08-124]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Request Revision From the Office of
Management and Budget of a Currently Approved Information Collection
Activity, Request for Comments; Advanced Qualification Program (AQP)
NPRM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget (OMB) to approve a current
information collection. The Advanced Qualification Program (AQP)
incorporates data driven quality control processes for validating and
maintaining the effectiveness of air carrier training program
curriculum content.

DATES: Please submit comments by July 14, 2008.

FOR FURTHER INFORMATION CONTACT: Carla Mauney on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Advanced Qualification Program (AQP) NPRM.
    Type of Request: Extension without change of an approved
collection.
    OMB Control Number: 2120-0701.
    Form(s): There are no FAA forms associated with this collection.
    Affected Public: A total of 18 respondents.
    Frequency: The information is collected monthly.
    Estimated Average Burden Per Response: Approximately 1.2 hours per
response.
    Estimated Annual Burden Hours: An estimated 432 hours annually.
    Abstract: The Advanced Qualification Program (AQP) incorporates
data driven quality control processes for validating and maintaining
the effectiveness of air carrier training program curriculum content.

ADDRESSES: Send comments to the FAA at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation Administration, IT Enterprises
Business Services Division, AES-200, 800 Independence Ave., SW.,
Washington, DC 20591.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on May 6, 2008.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
 [FR Doc. E8-10556 Filed 5-13-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Page 80090]
[FR Doc No: 2020-27263]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-574-000]

Dickerson Power, LLC; Supplemental Notice that Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Dickerson
Power, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 28, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: December 7, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-27263 Filed 12-10-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 2, 2006 (Volume 71, Number 106)]
[Notices]
[Page 32064]
[DOCID:fr02jn06-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. QF87-531-010 and EL06-73-000]

Lyonsdale Biomass, LLC; Notice of Filing

May 26, 2006.
    Take notice that on May 23, 2006, Lyonsdale Biomass, LLC
(Petitioner) filed an application for request of recertification of its
qualifying small power production facility located in Lyons Falls, New
York, pursuant to 18 CFR 292.207(B) of the Commission's regulations,
and a petition for declaratory order finding that the Petitioner is
exempt for Sections 205 and 206 of the Federal Power Act, pursuant to
18 CFR 292.601(c)(1).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 22, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-8603 Filed 6-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Proposed Rules]
[Pages 20321-20324]
[FR Doc No: 2012-8064]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0356; Directorate Identifier 2011-SW-067-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We are proposing a new airworthiness directive (AD) for all
Eurocopter Deutschland GmbH (ECD) MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-
BK B-1, MBB-BK 117 B-2, and MBB-BK C-1 helicopters equipped with a
certain external-hoist system (hoist system) by requiring either
deactivating the entire hoist system or deactivating the hoist system
cable cutter function on the hoist system operator control handle
(operator handle). This AD was prompted by an uncommanded activation of
the hoist cable cutter function on an MBB-BK117 C-1 helicopter. This AD
is intended to prevent uncommanded cutting of the hoist cable and
subsequent injury to persons being lifted by the hoist.

DATES: We must receive comments on this proposed AD by May 4, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 economic
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 service information identified in this proposed AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax<PHONE_NUMBER>,
or at http://www.eurocopter.com/techpub.
    You may review copies of the referenced service information at the
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth Texas 76137.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, TX 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, reports that during
a recent incident involving an MBB-BK 117 C-1 helicopter, the cable
cut-off function of the rescue hoist system was triggered uncommanded,
and the hoist cable was cut. The subsequent investigation revealed that
this was caused by a malfunction within the rescue hoist system's
remote control handle assembly while extending the hoist boom. EASA
advises that this condition, if not corrected, ``will lead to
detachment of an external load or person from the helicopter hoist,
possibly resulting in personal injury, or injury to persons on the
ground.''
    As a result, EASA issued EASA AD No.: 2011-0126, dated July 1, 2011
(EASA AD 2011-0126), to correct this unsafe condition in the ECD Model
MBB-BK117 A-1, MBB-BK117 A-3, MBB-BK117 B-1, MBB-BK117 B-2, and MBB-
BK117 C-1 helicopters equipped with a hoist system, Part Number (P/N)
117-80403 or 117-804061. EASA AD 2011-0126 requires deactivation of the
affected external hoist system by pulling and securing the related
circuit breakers, or by removing the hoist boom.
    After EASA AD 2011-0126 was issued, it was discovered that pulling
the circuit breaker WARN ANN II degraded the annunciator system's
redundant power supply, so that pilots could not be warned of a second
helicopter system failure. Prompted by these findings, EASA issued
superseding EASA AD No.: 2011-0131, dated July 8, 2011 (EASA AD 2011-
0131), to require pulling only three circuit breakers, (CABLE CUTTER,
WINCH CONT, and WINCH BOOM,) while circuit breaker WARN ANN II remains
inserted.
    EASA advises that since EASA AD 2011-0131 was issued ``a corrective
action has been developed to establish an adequate safety level, while
a terminating action is under investigation but currently not
available.'' EASA subsequently issued the current EASA AD No.: 2011-
0148, dated August 5, 2011 (EASA AD 2011-0148), which retains the
requirements of EASA AD 2011-0131 and requires modification of the
helicopter wiring and operator handle P/N 76803, a revision to the
Rotorcraft Flight Manual and Supplement, and repetitive inspections of
the operator handle. EASA AD 2011-0148 also requires implementing a 10-
year time frame for overhaul of the operator handle.

FAA's Determination

    We are proposing this AD because we evaluated all known relevant
information and determined that an unsafe condition exists and is
likely to exist or develop on other products of these same type
designs. The hoist cable that extends from an MBB-BK 117 C-1
helicopter, used typically to pick up people or goods, often during
emergencies, was cut with no command or push of the button from anyone
aboard the aircraft. The cause was a malfunction in the cable hoist
system. This situation could harm anyone being lifted in the rescue
hoist.

Related Service Information

    ECD has issued Emergency Alert Service Bulletin MBB-BK117-80-166,
Revision 1, dated August 4, 2011 (ASB). The ASB specifies the
deactivation of the cable cutter function on the operator handle. After
the cable cutter function on the operator handle has been deactivated,
the rescue winch may be used.

Proposed AD Requirements

    This proposed AD would require either deactivation of the entire
hoist system or deactivation of the hoist system cable cutter function
on the operator handle within 30 days or before the system is used
again, whichever comes first. Deactivating the entire hoist system
would be accomplished by either pulling and securing three circuit
breakers or by removing the hoist boom from the helicopter.
Deactivating the external hoist system cable cutter function on the
operator handle would be accomplished by modifying the helicopter
wiring and the operator handle P/N 76803, repetitively inspecting the
operator handle, and replacing the operator handle if damaged. This AD
also would prohibit installation of the affected hoist systems on any
helicopter, unless the installation complies with this AD's
requirements, and would prohibit installation of the operator handle on
any helicopter unless it has been modified in accordance with this AD.

Differences Between This Proposed AD and the EASA AD

    This AD would also apply to the Eurocopter Deutschland GmbH (ECD)
Model MBB-BK 117 A-4 model. The EASA AD makes no mention of this model.
The EASA AD also applies to the MBB-BK 117 A-1 model. Eurocopter
informs us that the MBB-BK 117 A-1 model no longer exists, so we did
not include it in our proposed AD. The EASA AD requires temporary
revisions to the Rotorcraft Flight Manual and its supplements; this
proposed AD does not. The EASA AD requires overhaul of

the operator handle every ten years; this proposed AD does not.

Interim Action

    We consider this proposed AD to be an interim action. The design
approval holder is currently developing a terminating action to address
the unsafe condition identified in this AD. Once this terminating
action is developed, approved, and available, we might consider
additional rulemaking.

Costs of Compliance

    We estimate that this proposed AD would affect about 12 helicopters
of U.S. registry.
    We estimate the following costs to comply with this AD:
     Option 1: Pull and secure three circuit breakers. We
estimate that this task would require about one half-hour to complete.
At $85 per work-hour, the labor cost would total about $43. No parts
would be needed, so we estimate the total cost per helicopter to be
$43, or $516 for the fleet.
     Option 2: Remove the hoist boom from the helicopter. We
estimate that this task would require 1.5 hours to complete at $85 per
work-hour for a total labor cost of about $128. No parts would be
needed, so we estimate the total cost per helicopter to be $128, or
$1,536 for the fleet.
     Option 3: We estimate that modifying the hoist operator
handle would require four work-hours at $85 per work-hour for a total
labor cost of $340 per helicopter. Parts would cost about $92.
Inspecting the hoist-operator handle for damage would take about one
half-hour for a labor cost of about $43. For 12 monthly inspections per
year, the annual cost would total $516. We estimate that replacing the
operator handle with a new operator handle would require 0.25 work hour
at $85 an hour for a labor cost of about $21 per helicopter. Parts
would cost about $18,500 for a total cost of $18,521 per helicopter.
Total costs per helicopter would vary, depending on whether repairs are
needed.

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, 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 to the extent that
it justifies making a regulatory distinction; 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.
    We prepared an economic 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 adding the following new
airworthiness directive (AD):

Eurocopter Deutschland GmbH helicopters: Docket No. FAA-2012-0356;
Directorate Identifier 2011-SW-67-AD.

(a) Applicability

    This AD applies to Model MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK
B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters with an external
hoist system (hoist system) Part Number (P/N) 117-80403 or P/N 117-
804061 installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as an uncommanded cutting
of the hoist cable. This condition could result in loss of the
helicopter hoist and load and subsequent injury to persons being
lifted by the hoist.

(c) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(d) Required Actions

    (1) Before the next hoist operation or within 30 days, whichever
comes first, comply with either paragraph (1)(i), (1)(ii), or
(1)(iii):
    (i) Deactivate the hoist system by pulling the CABLE CUTTER,
WINCH CONT, and WINCH BOOM circuit breakers and securing each
circuit breaker with a cable tie; or
    (ii) Deactivate the hoist system by removing the hoist boom from
the helicopter; or
    (iii) Deactivate the external hoist operator handle cable-cutter
function by accomplishing the following:
    (A) Modify the helicopter wiring and the operator handle, P/N
76803, in accordance with the Accomplishment Instructions, Paragraph
3.B.1 (b), of Eurocopter Emergency Alert Service Bulletin MBB-BK117-
80-166, Revision 1, dated August 4, 2011 (ASB).
    (B) Inspect the operator handle P/N 76803 and the coiled cable
of the operator handle for damage in accordance with Paragraph
3.B.1.(a)(2) of the ASB. Damage is also defined as any condition
that could prevent the part's ability to perform its intended
function.
    (1) If the operator handle or the coiled cable of the operator
handle has damage, replace the operator handle with an airworthy
operator handle P/N 76803, before the next hoist operation.
    (2) At intervals not to exceed 30 days, repeat the inspection in
Paragraph (1)(iii)(B) of the Required Actions section of this AD.
    (2) Before installing an affected hoist system on any
helicopter, comply with Paragraph (1) of the Required Actions
section of this AD.
    (3) Before installing an operator handle P/N 76803 on any
helicopter, comply with Paragraph (1)(iii)(A) of the Required
Actions section of this AD.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: George Schwab, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, TX 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>

    (2) For operations conducted under a Part 119 operating
certificate or under Part 91, Subpart K, we suggest that you notify
your principal inspector, or lacking a principal inspector, the
manager of the local flight standards district office or certificate
holding district office before operating any aircraft complying with
this AD through an AMOC.

(f) Subject

    Joint Aircraft Service Component (JASC) Code: 2597, Equipment/
furnishing system wiring.

    Issued in Fort Worth, Texas, on March 26, 2012.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-8064 Filed 4-3-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Notices]
[Pages 27489-27491]
[FR Doc No: 2017-12438]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0424]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Temporary Marketing Permit Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension/reinstatement 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 temporary marketing
permit applications.

DATES: Submit either electronic or written comments on the collection
of information by August 14, 2017.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before August 14, 2017. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of August 14, 2017. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov/.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov/
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov/.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2011-N-0424 for ``Temporary Marketing Permit Applications.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov/ or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the

claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov/. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov/ and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North,
10A63, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
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.

Temporary Marketing Permit Applications--21 CFR 130.17(c) and (i)--OMB
Control Number 0910-0133--Extension

    Section 401 of the Federal Food, Drug, and Cosmetic Act (the FD&C
Act) (21 U.S.C. 341) directs FDA to issue regulations establishing
definitions and standards of identity for food ``whenever . . . such
action will promote honesty and fair dealing in the interest of
consumers. . . .'' Under section 403(g) of the FD&C Act (21 U.S.C.
343(g)), a food that is subject to a definition and standard of
identity prescribed by regulation is misbranded if it does not conform
to such definition and standard of identity. Section 130.17 (21 CFR
130.17) provides for the issuance by FDA of temporary marketing permits
that enable the food industry to test consumer acceptance and measure
the technological and commercial feasibility in interstate commerce of
experimental packs of food that deviate from applicable definitions and
standards of identity. Section 130.17(c) enables the Agency to monitor
the manufacture, labeling, and distribution of experimental packs of
food that deviate from applicable definitions and standards of
identity. The information so obtained can be used in support of a
petition to establish or amend the applicable definition or standard of
identity to provide for the variations. Section 130.17(i) specifies the
information that a firm must submit to FDA to obtain an extension of a
temporary marketing permit.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     Activity/21 CFR section         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
130.17(c)--Request for temporary              13               2              26              25             650
 marketing permit...............
130.17(i)--Request to extend                   1               2               2               2               4
 marketing permit...............
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             654
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The estimated number of temporary marketing permit applications and
hours per response is an average based on our experience with
applications received for the past 3 years, and information from firms
that have submitted recent requests for temporary marketing permits.
Based on this information, we estimate that there will be, on average,
approximately 13 firms submitting requests for 2 temporary marketing
permits per year over the next 3 years.
    Thus, we estimate that 13 respondents will submit 2 requests for
temporary marketing permits annually pursuant to Sec.  130.17(c). The
estimated number of respondents for Sec.  130.17(i) is minimal because
this section is seldom used by the respondents; therefore, the Agency
estimates that there will be one or fewer respondents annually with two
or fewer requests for extension of the marketing permit under Sec.
130.17(i). The estimated number of hours per response is an average
based on the Agency's experience and information from firms that have
submitted recent requests for temporary marketing permits. We estimate
that 13 respondents each will submit 2 requests for temporary marketing
permits under Sec.  130.17(c) and that it will take a respondent 25
hours per request to comply with the requirements of that section, for
a total of 650 hours. We estimate that one respondent will submit two
requests for extension of its temporary marketing permits under Sec.
130.17(i) and that it will

take a respondent 2 hours per request to comply with the requirements
of that section, for a total of 4 hours.

    Dated: June 12, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-12438 Filed 6-14-17; 8:45 am]
 BILLING CODE 4164-01-P