[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17843-17845]
[FR Doc No: 2021-07002]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1030]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Food Allergen
Labeling and Reporting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing that a proposed collection of information has been submitted
to the Office of Management and Budget (OMB) for review and clearance
under the Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by May 6, 2021.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0792. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Food Allergen Labeling and Reporting

OMB Control Number 0910-0792--Extension

    This information collection supports the reporting associated with
the submission of petitions and notifications seeking exemptions from
the labeling requirements for ingredients derived from major food
allergens, and the Agency's associated guidance document.
    The Food Allergen Labeling and Consumer Protection Act of 2004
(FALCPA) (Title II, Pub. L. 108-282) amended the Federal Food, Drug,
and Cosmetic Act (FD&C Act) by defining the term ``major food
allergen'' and stating that foods regulated under the FD&C Act are
misbranded unless they declare the presence of each major food allergen
on the product label using the name of the food source from which the
major food allergen is derived. Section 403(w)(1) of the FD&C Act (21
U.S.C. 343(w)(1)) sets forth the requirements for declaring the
presence of each major food allergen on the product label. Section
201(qq) of the FD&C Act (21 U.S.C. 321(qq)) defines a major food
allergen as ``[m]ilk, egg, fish (e.g., bass, flounder, or cod),
Crustacean shellfish (e.g., crab, lobster, or shrimp), tree nuts (e.g.,
almonds, pecans, or walnuts), wheat, peanuts, and soybeans'' and also
as a food ingredient that contains protein derived from such foods. The
definition excludes any highly refined oil derived from a major food
allergen and any ingredient derived from such highly refined oil.
    In some cases, the production of an ingredient derived from a major
food allergen may alter or eliminate the allergenic proteins in that
derived ingredient to such an extent that it does not contain
allergenic protein. In addition, a major food allergen may be used as
an ingredient or as a component of an ingredient such that the level of
allergenic protein in finished food products does not cause an allergic
response that poses a risk to human health. Therefore, FALCPA provides
two mechanisms through which such ingredients may become exempt from
the labeling requirement of section 403(w)(1) of the FD&C Act. An
ingredient may obtain an exemption through submission and approval of a
petition containing scientific evidence that demonstrates that the
ingredient ``does not cause an allergic response that poses a risk to
human health'' (section 403(w)(6) of the FD&C Act). Alternately, an
ingredient may become exempt through submission of a notification
containing scientific evidence showing that the ingredient ``does not
contain allergenic protein'' or that there has been a previous
determination through a premarket approval process under section 409 of
the FD&C Act (21 U.S.C. 348) that the ingredient ``does not cause an
allergic response that poses a risk to human health'' (section
403(w)(7) of the FD&C Act).
    Description of Respondents: The respondents to this collection of
information are manufacturers and packers of packaged foods sold in the
United States that declare the presence of a major food allergen on the
product label. In terms of reporting, the respondents are manufacturers
and packers of packaged foods sold in the United States that seek an
exemption from the labeling requirements of section 403(w)(1) of the
FD&C Act.
    In the Federal Register of October 28, 2020 (85 FR 68333), we
published a 60-day notice requesting public comment on the proposed
collection of information. Although some comments were received, they
pertained to substantive and/or technical aspects of statutory
requirements found in section 403(w) of the FD&C Act, or
recommendations found in related Agency guidance. None of the comments
discussed the information collection topics found in 5 CFR
1320.5(a)(1)(B) as requested in the notice, nor did any of the comments
suggest FDA revise its estimate of the burden for the information
collection.
    We estimate the burden of this collection of information as
follows:

                           Table 1--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
    FD&C Section; Activity         Number of    disclosures per   Total annual    Average burden    Total hours
                                  respondents      respondent      disclosures    per disclosure
----------------------------------------------------------------------------------------------------------------
403(w)(1); review labels for            77,500                1          77,500                1          77,500
 compliance with food allergen
 labeling requirements........
403(w)(1); redesign labels to                1                1               1               16              16
 comply with food allergen
 labeling requirements........
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ...............  ..............  ...............          77,516
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

A. Third-Party Disclosure
    The labeling requirements of section 403(w)(1) of the FD&C Act
apply to all packaged foods sold in the United States that are
regulated under the FD&C Act, including both domestically manufactured
and imported foods. As noted, section 403(w)(1) of the FD&C Act
requires that the label of a food product declare the presence of each
major food allergen. We estimate the information collection burden of
the third-party disclosure associated with food allergen labeling under
section 403(w)(1) of the FD&C Act as the time needed for a manufacturer
to review the labels of new or reformulated products for compliance
with the requirements of section 403(w)(1) of the FD&C Act and the time
needed to make any needed modifications to the labels of those
products. The allergen information disclosed on the label or labeling
of a

food product benefits consumers who purchase that food product. Because
even small exposure to a food allergen can potentially cause an adverse
reaction, consumers use food labeling information to help determine
their product choices.
    Based on a review of the information collection since our last
request for OMB approval, we are decreasing our burden estimate for the
redesign of labels. FALCPA was enacted in 2004, and we issued
associated Agency guidance in 2015. Firms have had substantial time to
redesign their labels for compliance with section 403(w) of the FD&C
Act. We do not anticipate any firms needing to redesign their label to
come into compliance with section 403(w)(1) of the FD&C Act. Thus, we
are decreasing the number of respondents redesigning their label from
3,875 to 1 and the number of hours from 62,000 to 16. We estimate one
respondent for the purpose of maintaining this information collection
provision.

                                 Table 2--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
    FD&C Section; Activity         Number of       responses      Total annual    Average burden    Total hours
                                  respondents    perrespondent      responses      per response
----------------------------------------------------------------------------------------------------------------
403(w)(6); petition for                      5                1               5              100             500
 exemption....................
403(w)(7); notification.......               5                1               5               68             340
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ...............  ..............  ...............             840
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

B. Reporting
    Under sections 403(w)(6) and (7) of the FD&C Act, respondents may
request from us a determination that an ingredient is exempt from the
labeling requirement of section 403(w)(1) of the FD&C Act. An
ingredient may obtain an exemption through submission and approval of a
petition containing scientific evidence that demonstrates that the
ingredient ``does not cause an allergic response that poses a risk to
human health'' (section 403(w)(6) of the FD&C Act). This section also
states that ``the burden shall be on the petitioner to provide
scientific evidence (including the analytical method used to produce
the evidence) that demonstrates that such food ingredient, as derived
by the method specified in the petition, does not cause an allergic
response that poses a risk to human health.'' Alternately, an
ingredient may become exempt through submission of a notification
containing scientific evidence showing that the ingredient ``does not
contain allergenic protein'' or that there has been a previous
determination through a premarket approval process under section 409 of
the FD&C Act that the ingredient ``does not cause an allergic response
that poses a risk to human health'' (section 403(w)(7) of the FD&C
Act).
    We issued a guidance document entitled ``Guidance for Industry:
Food Allergen Labeling Exemption Petitions and Notifications,'' which
is available on our website at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-food-allergen-labeling-exemption-petitions-and-notifications. The guidance
sets forth our recommendations with regard to the information that
respondents should submit in such a petition or notification. The
guidance states that to evaluate these petitions and notifications, we
will consider scientific evidence that describes: (1) The identity or
composition of the ingredient; (2) the methods used to produce the
ingredient; (3) the methods used to characterize the ingredient; (4)
the intended use of the ingredient in food; and (5) either (a) for a
petition, data and information, including the expected level of
consumer exposure to the ingredient, that demonstrate that the
ingredient, when manufactured and used as described, does not cause an
allergic response that poses a risk to human health; or (b) for a
notification, data, and information that demonstrate that the
ingredient, when manufactured as described, does not contain allergenic
protein, or documentation of a previous determination under a process
under section 409 of the FD&C Act that the ingredient does not cause an
allergic response that poses a risk to human health. We use the
information submitted in the petition or notification to determine
whether the ingredient satisfies the criteria of section 403(w)(6) and
(7) of the FD&C Act for granting the exemption.

    Dated: March 30, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-07002 Filed 4-5-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Pages 6082-6083]
[FR Doc No: 2018-02692]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2017-0975]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The Federal Aviation Administration is seeking approval from
the Office of Management and Budget (OMB) for a renewal of the existing
Information Collection 2120-0768. As required by the Paperwork
Reduction Act of 1995 (PRA), the purpose of this notice is to allow 60
days for public comment.
    The FAA proposes collecting information related to requests to
operate Unmanned Aircraft Systems (UAS) in controlled airspace pursuant
to 14 CFR part 107 (``part 107''). FAA will use the collected
information to make determinations whether to authorize or deny the
requested operation of UAS in controlled airspace. The proposed
information collection is necessary to issue such authorizations or
denials consistent with the FAA's mandate to ensure safe and efficient
use of national airspace.
    In addition, FAA proposes collecting information related to
requests for waiver from the waivable provisions of 14 CFR part 107.
The proposed information collection is necessary to determine whether
the proposed operation is eligible for waiver consistent with the FAA's
mandate to ensure safe and efficient use of national airspace.

DATES: Written comments should be submitted by April 13, 2018.

ADDRESSES: You may submit comments [identified by Docket No. FAA-2017-
0975] through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1<PHONE_NUMBER>.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Casey Nair, FAA's Unmanned Aircraft
Systems (UAS) Low Altitude Authorization and Notification Capability
(LAANC) Program Manager, tel<PHONE_NUMBER> or via email at
[email protected].

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for FAA
to enhance the quality, utility and clarity of the information
collection; and (d) ways that the burden could be minimized without
reducing the quality of the collected information. The agency will
summarize and/or include your comments in the request for OMB's
clearance of this information collection.
    OMB Control Number: 2120-0768.
    Title: Renewal of Existing Information Collection 2120-0768.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: Part 107 at Sec.  107.41 states that ``no person may
operate a small unmanned aircraft in Class B, Class C, or Class D
airspace or within the lateral boundaries of the surface area of Class
E airspace designated for an airport unless that person has prior
authorization from Air Traffic Control (ATC).'' Such authorization may
be obtained in the form of either an airspace authorization or a waiver
of 14 CFR 107.41 (``airspace waiver'') issued by the FAA. There is
great interest from the public in conducting flight operations of small
UAS under part 107.
    In order to process these authorization and airspace waiver
requests, the FAA requires the operator's name, the operator's contact
information, and information related to the date, place, and time of
the requested small UAS operation. This information is necessary for
the FAA to meet its statutory mandate of maintaining a safe and
efficient national airspace. See, 49 U.S.C. 40103 and 44701; Public Law
112-95, Section 333.
    Additionally, if the operator is seeking a waiver from the
regulations listed in 14 CFR 107.205 (``operational waiver''), further
information is required related to the proposed waiver and any
necessary mitigations. The FAA will use the requested information to
determine if the proposed UAS operation can be conducted safely.
    The FAA proposes to use LAANC, or the Low Altitude Authorization
and Notification Capability, and a web portal to process authorization
requests from the public to conduct part 107 flight operations. The FAA
also proposes to use the web portal to all members of the public to
request authority to conduct flight operations that require a waiver
from the waivable provisions in part 107.
    Respondents: Small UAS operators seeking to conduct flight
operations under 14 CFR part 107.
    Number of Respondents: Between 2018-2020 FAA estimates it will
receive a total of 160,766 requests for airspace authorizations, 24,721
requests for airspace waivers, and 15,169 requests for operational
waivers.
    Frequency: The requested information will need to be provided each
time a respondent requests an airspace authorization to operate a small
UAS under part 107 in controlled airspace. A respondent may reduce the
frequency of providing by seeking and obtaining an airspace waiver to
conduct recurring operations. For requests for operational waivers, a
respondent will only need to provide the information once at the time
of the request for waiver. If granted, operational waivers may be valid
for up to four (4) years.
    Total Annual Burden: The FAA estimates that the annual burden hours

on respondents will be 9,953 hours (3,208 hours for LAANC respondents
and 6,745 hours for web portal respondents) for airspace
authorizations, 4,120 hours for airspace waivers and 3,286 hours for
operational waivers.

    Issued in Washington, DC, on February 6, 2018.
Casey Nair,
FAA LAANC Program Manager, Program Management Office, AJM-33.
[FR Doc. 2018-02692 Filed 2-9-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 47112-47113]
[DOCID:fr22au07-168]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56261; File No. SR-Phlx-2007-51]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to an Increase in the Maximum Number of Quoters Permitted in
an Option

August 15, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 13, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared by the Phlx. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to section 19(b)(3)(A) of the Act,\3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders the proposal effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Phlx proposes to amend Commentary .02 of Rule 507, Application
for Approval as an SQT \5\ or RSQT \6\ and Assignment in Options, to
increase the maximum number of participants that may be assigned in a
particular equity option at any one time.
---------------------------------------------------------------------------

    \5\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
options quotations electronically through AUTOM in eligible options
to which such SQT is assigned. An SQT may only submit such
quotations while such SQT is physically present on the floor of the
Exchange. See Exchange Rule 1014(b)(ii)(A).
    \6\ An RSQT is a ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically through AUTOM in eligible options to which such RSQT
has been assigned. An RSQT may only submit such quotations
electronically from off the floor of the Exchange. See Exchange Rule
1014(b)(ii)(B).
---------------------------------------------------------------------------

    The Exchange also proposes a technical amendment to Rule 507,
Commentary .01, to re-insert language concerning assignment in options
by ``root symbol'' that was inadvertently deleted in the original
proposal relating to the Maximum Number of Quoters (``MNQ'') in Equity
Options, as described more fully below. The text of the proposed rule
change is available at http://www.phlx.com, at the Phlx, 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 Phlx 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 Phlx 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 purpose of the proposed rule change is to permit additional
participants to quote electronically in equity options listed for
trading on the Exchange by increasing the MNQ in equity options trading
on the Exchange.
    In January 2007, as one part of a larger overall program
established to mitigate electronic option quote traffic on the
Exchange, the Exchange adopted Commentary .02 to Rule 507, Maximum
Number of Quoters in Equity Options.\7\ This rule limits the number of
participants that may be assigned to a particular equity option at any
one time based upon each option's monthly national volume.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 55114 (January 17,
2007), 72 FR 3185 (January 24, 2007) (SR-Phlx-2006-81).
---------------------------------------------------------------------------

    Commentary .02 to Rule 507 currently sets forth tiered MNQ levels
providing for 20 participants for the top 5% most actively traded
options; 15 participants for next 10% most actively traded options, and
10 market participants for all other options. The ranking is based upon
the preceding month's national volumes.
    The proposal would increase the MNQ levels by two (2) participants
in each tier. Specifically, the new MNQ levels would provide for
increases from 20 to 22 participants per option for the top 5% most
actively traded options; from 15 to 17 participants per option for the
next 10% most actively traded options, and from 10 to 12 participants
per option for all other options.
    Currently, the Exchange's Options Allocation, Evaluation and
Securities Committee (``OAESC'') \8\ may increase the MNQ when
exceptional circumstances warrant. Proposed Commentary .04 to Rule 507
describes the events that may be considered ``exceptional,'' including
substantial trading volume (whether actual or expected), a major news
event or corporate event. The Exchange may reduce the MNQ following the
cessation of the exceptional circumstances, but the Exchange must
follow the procedures for decreases to the MNQ outlined in Commentary
.03 of the rule. When relying on this provision, as in the instant
proposal, the Exchange must submit a rule filing to the Commission
pursuant to section 19(b)(3)(A) of the Act.
---------------------------------------------------------------------------

    \8\ The OAESC has jurisdiction over, among other things: The
appointment of specialists on the options and foreign currency
options trading floors; allocation, retention and transfer of
privileges to deal in options on the trading floors; and
administration of the 500 series of Phlx rules. See Phlx By-Law
Article X, Section 10-7.
---------------------------------------------------------------------------

    Initially, the Exchange set the MNQ at a very conservative level to
ensure there was ample capacity to support multiple participants
quoting the same equity option. Since that time, the Exchange

has experienced an increase in volume, particularly in options included
in the top two MNQ levels. The Exchange believes that adding two
additional positions to the top tier (i.e., options that represent the
top 5% in national volume) should attract quality liquidity providers
and should enable the Exchange to be flexible in assigning top tier
options to such liquidity providers. The Exchange also believes that
adding two new positions to the second and third tier should add to the
Exchange's liquidity by providing opportunities for additional ROTs to
trade in such issues.\9\
---------------------------------------------------------------------------

    \9\ The Exchange notes that there is substantial interest among
ROTs in trading such issues.
---------------------------------------------------------------------------

    After careful analysis, the Exchange believes it has the capacity
to increase the MNQ as proposed. The Exchange believes that the effect
of an increase in the MNQ fosters competition in that it increases the
number of market participants that may quote electronically in a
product. The Exchange will inform market participants of changes to the
MNQ via Exchange circular.

Assignment by ``Root Symbol''

    In late December, 2006, the Commission approved the Exchange's
proposal to adopt Commentary .01 to Rule 507 to permit the Exchange to
assign trading privileges to SQTs and RSQTs, upon their request, only
in specific series of a particular option based on the ``root symbol''
of the series, instead of assigning trading privileges in all series of
such option.\10\ Thereafter, the Exchange filed its MNQ proposal,
reserving the numerical position for Commentary .01 and adding the MNQ
language in the subsequent Commentaries. Because the MNQ proposal was
approved after the ``root symbol'' proposal, the effect of marking
commentary .01 ``RESERVED'' was to delete the ``root symbol'' language.
The Exchange proposes herein to correct this inadvertent deletion by
re-inserting the ``root symbol'' language into Commentary .01.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 55027 (December 29,
2006), 72 FR 1358 (January 11, 2007) (SR-Phlx-2006-53).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act \11\ in general, and furthers the objectives of section
6(b)(5) of the Act \12\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by permitting more participants to quote electronically on
the Exchange, fostering competition, and adding liquidity to the
Exchange's markets, which should benefit customers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    No written comments were either solicited or received.

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

    The proposed rule change is designated by the Exchange as a ``non-
controversial'' rule pursuant to section 19(b)(3)(A) \13\ of the Act
and subparagraph (f)(6) of Rule 19b-4 thereunder,\14\ because the
proposed rule change: (1) Does not significantly affect the protection
of investors or the public interest; (2) does not impose any
significant burden on competition; and (3) does not become operative
for 30 days from the date on which it was filed, or such shorter time
as the Commission may designate if consistent with the protection of
investors and the public interest, provided that the Exchange has given
the Commission written notice of its intent to file the proposed rule
change at least five business days prior to the filing of the proposed
rule change.\15\ Consequently, the proposed rule change has become
effective upon filing.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ As required under Rule 19b-4(f)(6)(iii), the Exchange has
provided the Commission with written notice of its intent to file
the proposed rule change at least five business days prior to the
filing date of this proposal.
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2007-51 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2007-51. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Phlx. 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-Phlx-2007-51 and should be
submitted on or before September 12, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-16525 Filed 8-21-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Page 6182]
[FR Doc No: 2022-02245]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4631-DR; Docket ID FEMA-2021-0001]

Confederated Tribes of the Colville Reservation; Major Disaster
and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Confederated Tribes of the Colville Reservation (FEMA-
4631-DR), dated December 21, 2021, and related determinations.

DATES: The declaration was issued December 21, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, 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 December 21, 2021, 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 to the lands associated with
the Confederated Tribes of the Colville Reservation resulting from
wildfires during the period of July 12 to August 8, 2021, 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 for
the Confederated Tribes of the Colville Reservation.
    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 and Hazard
Mitigation for the Confederated Tribes of the Colville Reservation.
Consistent with the requirement that Federal assistance be
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, Thomas J. Dargan, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.

    The following areas have been designated as adversely affected by
this major disaster:

    Confederated Tribes of the Colville Reservation for Public
Assistance. The Confederated Tribes of the Colville Reservation is
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.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-02245 Filed 2-2-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34871-34876]
[FR Doc No: 2016-12329]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-5812; Directorate Identifier 2015-NM-077-AD;
Amendment 39-18531; AD 2016-11-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2011-23-05 for
all The Boeing Company Model 737-300, -400, and -500 series airplanes.
AD 2011-23-05 required repetitive inspections for cracking of the 1.04-
inch nominal diameter wire penetration hole, and applicable related
investigative and corrective actions. This new AD adds new inspection
areas, a modification that terminates certain inspections, post-
modification inspections, and repair if necessary. This AD was prompted
by an evaluation by the design approval holder (DAH) that indicates the
fuselage frames and frame reinforcements are subject to widespread
fatigue damage (WFD). We are issuing this AD to detect and correct
fatigue cracking of the fuselage frames and frame reinforcements that
could

result in reduced structural integrity of the airplane.

DATES: This AD is effective July 6, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 6,
2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
November 16, 2011 (76 FR 67343, November 1, 2011).

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. 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>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
5812.

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-2015-
5812; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Galib Abumeri, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5324; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2011-23-05, Amendment 39-16856 (76 FR 67343,
November 1, 2011) (``AD 2011-23-05''). AD 2011-23-05 applied to certain
Model 737-300, -400, and -500 series airplanes. The NPRM published in
the Federal Register on November 27, 2015 (80 FR 74047) (``the NPRM'').
The NPRM was prompted by an evaluation by the DAH that indicates the
fuselage frames and frame reinforcements are subject to WFD. The NPRM
proposed to continue to require repetitive inspections for cracking of
the 1.04-inch nominal diameter wire penetration hole, and applicable
related investigative and corrective actions. The NPRM also proposed to
add new inspection areas, a modification that terminates certain
inspections, post-modification inspections, and repair if necessary. We
are issuing this AD to detect and correct fatigue cracking of the
fuselage frames and frame reinforcements that could result in reduced
structural integrity of the airplane.

Comments

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

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental
type certificate (STC) ST01219SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) does not affect
the actions specified in the NPRM.
    We agree with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) and added a new paragraph (c)(2) to
this AD to state that installation of STC ST01219SE (http://
rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/
ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) does not affect
the ability to accomplish the actions required by this AD. Therefore,
for airplanes on which STC ST01219SE is installed, a ``change in
product'' alternative method of compliance (AMOC) approval request is
not necessary to comply with the requirements of 14 CFR 39.17.

Request To Revise Applicability

    Boeing requested that we change the applicability to ``all''
airplanes instead of airplanes referenced in Boeing Alert Service
Bulletin 737-53A1279, Revision 2, dated April 21, 2015. Boeing stated
that Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated April
21, 2015, specifies the effectivity as ``all'' airplanes.
    We agree with the commenter's request. In the NPRM we referred to
Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated April 21,
2015, which specifies an effectivity of all Model 737-300, -400, and -
500 series airplanes. For clarity, we have revised the SUMMARY section
and paragraph (c)(1) of this AD to specify ``all'' airplanes.

Request To Revise Compliance Time

    Southwest Airlines (SWA) requested that we revise paragraph (t) of
the proposed AD to clearly state all inspections required by paragraph
(n) of the proposed AD will be due at the later of 30,000 total flight
cycles or 4,500 flight cycles from the effective date of the AD. SWA
stated that, for airplanes which have previously accomplished the
inspections specified in Boeing Alert Service Bulletin 737-53A1279,
Revision 1, dated September 2, 2011, paragraph (n) of the proposed AD
and table 1 of paragraph 1.E., ``Compliance,'' in Boeing Alert Service
Bulletin 737-53A1279, Revision 2, dated April 21, 2015, currently
requires inspections 4,500 flight cycles from the last inspection and
do not specifically take into account those airplanes already doing the
repetitive inspections.
    We do not agree with the commenter's request. AD 2011-23-05
required inspections on airplanes with less than 40,000 total flight
cycles to begin prior to 30,000 total flight cycles or within 90 days
from November 16, 2011 (the effective date of AD 2011-23-05), whichever
occurs later. The repetitive inspection intervals of 4,500 flight
cycles are not changed. The new WFD requirement lowers the initial
airplane applicability total flight cycles from 40,000 to 30,000.
Paragraph (n) of this AD addresses airplanes with more than 30,000
total flight cycles as of the effective date of the AD, and all
airplanes that have already accomplished the initial inspection or a
repetitive inspection. These airplanes are to continue the repetitive
inspections at intervals not to exceed 4,500 flight cycles from the
last inspection. The commenter's requested change would reset the time
to the next inspection from the effective date of this AD instead of
from the last inspection. This would result in a one-time increase in
the repetitive interval, which would not meet the WFD requirements. We
have not changed this AD in this regard.

Request To Clarify Inspections in Paragraphs (m) and (n) of the
Proposed AD

    Boeing requested that we clarify the inspections required in
paragraph (m)

and (n) of the proposed AD. Boeing stated that the words ``an
inspection'' is not specific enough to ensure the required inspections
will be accomplished.
    We agree with the commenter's request. The wording ``an
inspection'' could be interpreted incorrectly, and the Part 2 or Part 4
inspections specified in Boeing Alert Service Bulletin 737-53A1279,
Revision 2, dated April 21, 2015, may not be accomplished prior to
installation of the preventive modification.
    We have revised paragraph (m) of this AD to state in part, ``before
further flight after accomplishing the Part 2 or Part 4 inspections
specified in this paragraph, and no cracking was found, do ``Part 5--
Preventative Modification'' as specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1279, Revision 2,
dated April 21, 2015.''
    We have revised paragraph (n) of this AD to state in part, ``before
further flight after accomplishing the Part 4 inspection specified in
this paragraph, and no cracking was found, do ``Part 5--Preventative
Modification'' as specified in the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated April 21,
2015.''

Request To Remove a Certain Low Frequency Eddy Current (LFEC)
Inspection

    Boeing requested that we remove the LFEC inspection in paragraph
(s) of the proposed AD. Boeing stated that paragraph (s) of the
proposed AD is applicable to Groups 4 through 6 as identified in Boeing
Alert Service Bulletin 737-53A1279, Revision 2, dated April 21, 2015,
and that LFEC inspections are not required for Groups 4 through 6.
    We agree with the commenter's request. We have revised paragraph
(s) of this AD by removing the LFEC inspection requirement.

Request To Clarify Service Information Description

    Boeing requested that we include ``0.50 inch diameter holes'' in
the first bullet under the Related Service Information Under 1 CFR part
51 section. Boeing stated that the 0.50 inch hole was one of the main
updates of Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated
April 21, 2015.
    We agree with commenter's request and have revised this final rule
accordingly.

Request To Revise Responsible FAA ACO

    Boeing requested that we revise paragraph (u)(3) of the proposed AD
to reference the Los Angeles ACO instead of the Seattle ACO.
    We agree with the commenter's request. In July 2014, the Los
Angeles ACO assumed responsibility for the out-of-production Model 737
airplanes. We have revised paragraph (u)(3) of this AD and the engineer
contact information accordingly.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1279, Revision 2,
dated April 21, 2015. The service information describes procedures for
the following actions.
     Inspections of wire penetration holes, 0.50 inch diameter
holes, standoff/tooling holes, and the production fastener holes for
cracking in the forward cargo compartment frames and frame
reinforcements, between stringer (S) S-19 and S-22, on both left and
right sides of the airplane.
     A preventive modification of frames between S-19 and S-22.
     Post-modification inspections.
     Repairs.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 605 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections [retained actions    16 work-hours x $85 per              $0  $1,360 per          $822,800 per
 from AD 2011-23-05].             hour = $1,360 per                        inspection cycle.   inspection cycle.
                                  inspection cycle.
Inspections [new action].......  32 work-hours x $85 per               0  $2,720 per          $1,645,600 per
                                  hour = $2,720 per                        inspection cycle.   inspection cycle.
                                  inspection cycle.
Modification [new action]......  32 work-hours x $85 per               0  $2,720............  $1,645,600
                                  hour = $2,720.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the inspection. We have no
way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair....................................  18 work-hours x $85 per hour =                  $0           $1,530
                                             $1,530.
----------------------------------------------------------------------------------------------------------------

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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2011-23-05, Amendment 39-16856 (76 FR 67343, November 1, 2011), and
adding the following new AD:

2016-11-04 The Boeing Company: Amendment 39-18531; Docket No. FAA-
2015-5812; Directorate Identifier 2015-NM-077-AD.

(a) Effective Date

    This AD is effective July 6, 2016.

(b) Affected ADs

    This AD replaces AD 2011-23-05, Amendment 39-16856 (76 FR 67343,
November 1, 2011) (``AD 2011-23-05'').

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-300, -
400, and -500 series airplanes; certificated in any category.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) that indicates the fuselage frames and frame
reinforcements are subject to widespread fatigue damage (WFD). We
are issuing this AD to detect and correct fatigue cracking of the
fuselage frames and frame reinforcements, which could result in
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Retained Inspection, With References to Terminating Actions

    This paragraph restates the requirements of paragraph (g) of AD
2011-23-05, with references to terminating actions. At the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-53A1279, Revision 1, dated
September 2, 2011, except as required by paragraphs (k)(1), (k)(2),
and (k)(4) of this AD: Do a high frequency eddy current (HFEC)
surface or HFEC hole/edge inspection for any cracking of the 1.04-
inch nominal diameter wire penetration hole in the frame and frame
reinforcement between stringer (S) S-20 and S-21, in accordance with
Part 2 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1279, Revision 1, dated September 2, 2011.
Accomplishment of the applicable inspections required by paragraphs
(m) and (n) of this AD terminates the inspections required by this
paragraph. Accomplishment of the modification required by paragraph
(p) of this AD terminates the inspections required by this paragraph
for the modified area only.

(h) Retained Repetitive Inspections, With References to Terminating
Actions

    This paragraph restates the requirements of paragraph (h) of AD
2011-23-05, with references to terminating actions. Within 4,500
flight cycles after accomplishment of the most recent inspection
specified in Part 2 or Part 4 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1279, Revision 1, dated
September 2, 2011, or within 90 days after November 16, 2011 (the
effective date of AD 2011-23-05), whichever occurs later: Do an HFEC
hole/edge inspection for cracking of the 1.04-inch nominal diameter
wire penetration hole in the frame and frame reinforcement between
S-20 and S-21, in accordance with Part 4 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1279, Revision
1, dated September 2, 2011. Repeat the inspection thereafter at
intervals not to exceed 4,500 flight cycles. Accomplishment of the
applicable inspections required by paragraphs (m) and (n) of this
AD, terminates the inspections required by this paragraph.
Accomplishment of the modification specified in paragraph (j) or (p)
of this AD terminates the repetitive inspections required by this
paragraph for the modified area only. Accomplishment of the repair
specified in paragraph (i) of this AD terminates the repetitive
inspections required by this paragraph for the repaired area only.

(i) Retained Repair, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2011-23-05, with no changes. If any cracking is found during any
inspection required by paragraph (g) or (h) of this AD: Before
further flight, repair the crack including doing all applicable
related investigative and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1279, Revision 1, dated September 2, 2011, except as required by
paragraph (k)(3) of this AD. All applicable related investigative
and corrective actions must be done before further flight.
Accomplishment of the requirements of this paragraph terminates the
repetitive inspection requirements of paragraph (h) of this AD for
the repaired location of that frame.

(j) Retained Optional Terminating Action, With New Limitation

    This paragraph restates the optional action provided in
paragraph (j) of AD 2011-23-05, with a new limitation.
Accomplishment of the preventive modification before the effective
date of this AD, including doing all related investigative and
applicable corrective actions, specified in Part 5 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1279, Revision 1, dated September 2, 2011, except as required by
paragraph (k)(3) of this AD, terminates the repetitive inspection
requirements of paragraph (h) of this AD for the modified

location of that frame, provided the modification is done before
further flight after an inspection required by paragraph (g) or (h)
of this AD has been done, and no cracking was found on that frame
location during that inspection.

(k) Retained Exceptions to Service Information Specifications, With No
Changes

    This paragraph restates the requirements of paragraph (k) of AD
2011-23-05, with no changes. The following exceptions apply as
specified in paragraphs (g), (i), and (j) of this AD.
    (1) Where paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-53A1279, Revision 1, dated September 2, 2011,
refers to a compliance time ``from date on Revision 1 of this
service bulletin,'' this AD requires compliance within the specified
compliance time after November 16, 2011 (the effective date of AD
2011-23-05).
    (2) For airplanes meeting all of the criteria specified in
paragraphs (k)(2)(i), (k)(2)(ii), and (k)(2)(iii) of this AD: The
compliance time for the initial inspection specified in Part 2 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1279, Revision 1, dated September 2, 2011, and required by
paragraph (g) of this AD, may be extended to 90 days after November
16, 2011 (the effective date of AD 2011-23-05).
    (i) Model 737-300 series airplanes in Group 1, line numbers 1001
through 2565 inclusive;
    (ii) Airplanes that have accumulated 40,000 or more total flight
cycles as of November 16, 2011 (the effective date of AD 2011-23-
05); and
    (iii) Airplanes on which the modification specified in Boeing
Service Bulletin 737-53-1273, dated September 20, 2006; Revision 1,
dated December 21, 2006; Revision 2, dated June 4, 2007; Revision 3,
dated December 7, 2009; or Revision 4, dated July 23, 2010; has been
done, including any configuration or deviation that has been
approved as an AMOC during accomplishment of these service
bulletins, by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle Aircraft Certification Office (ACO) or Los Angeles
ACO to make those findings.
    (3) Where Boeing Alert Service Bulletin 737-53A1279, Revision 1,
dated September 2, 2011, specifies to contact Boeing for appropriate
repair instructions: Before further flight, repair the crack using a
method approved in accordance with the procedures specified in
paragraph (u) of this AD.
    (4) The ``Condition'' column of paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 737-53A1279, Revision 1, dated
September 2, 2011, refers to total flight cycles ``at the date of/on
this service bulletin.'' However, this AD applies to the airplanes
with the specified total flight cycles as of November 16, 2011 (the
effective date of AD 2011-23-05).

(l) Retained Credit for Previous Actions, With No Changes

    This paragraph restates the requirements of paragraph (l) of AD
2011-23-05, with no changes. Actions done in accordance with Boeing
Alert Service Bulletin 737-53A1279, dated December 18, 2007, before
November 16, 2011 (the effective date of AD 2011-23-05), are
acceptable for compliance with the corresponding actions required by
paragraphs (g), (h), (i), and (j) of this AD.

(m) New Requirement of This AD: Inspections of Frames and Frame
Reinforcements Between S-19 and S-22 for Certain Airplanes on Which
Certain Inspections Have Not Been Accomplished

    For airplanes identified as Groups 1 through 6, Configuration 3,
in Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated
April 21, 2015, with 30,000 total flight cycles or fewer as of the
effective date of this AD, on which any inspections specified in
Boeing Alert Service Bulletin 737-53A1279, Revision 1, dated
September 2, 2011, have not been accomplished: Except as required by
paragraphs (t)(1) and (t)(2) of this AD, at the applicable time
specified in table 1 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 737-53A1279, Revision 2, dated April 21,
2015, or within 4,500 flight cycles after the effective date of this
AD, whichever occurs later, do inspections for cracking at certain
locations in the frames and frame reinforcements in accordance with
``Part 2--Initial Detail and HFEC Inspection'' of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1279, Revision
2, dated April 21, 2015. Repeat the inspections for cracking at
certain locations in the frames and frame reinforcements as
specified in ``Part 4--Repeat Detail and HFEC Inspections'' of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1279, Revision 2, dated April 21, 2015, thereafter at the
applicable interval specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated April
21, 2015; or, before further flight after accomplishing the Part 2
or Part 4 inspections specified in this paragraph, and no cracking
was found, do ``Part 5--Preventative Modification'' as specified in
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1279, Revision 2, dated April 21, 2015. Accomplishment of the
preventive modification specified in this paragraph terminates the
repetitive inspections required by this paragraph for the modified
area only. Do all actions specified in this paragraph in accordance
with Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1279, Revision 2, dated April 21, 2015.

(n) New Requirement of This AD: Inspections of Frames and Frame
Reinforcements Between S-19 and S-22 for Groups 1-6, Configuration 3,
Airplanes

    For airplanes identified as Groups 1 through 6, Configuration 3,
in Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated
April 21, 2015, with more than 30,000 total flight cycles as of the
effective date of this AD, or that have been inspected as specified
in Boeing Alert Service Bulletin 737-53A1279, Revision 1, dated
September 2, 2011: Except as required by paragraphs (t)(1) and
(t)(2) of this AD, at the applicable time specified in table 1 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1279, Revision 2, dated April 21, 2015, do inspections for
cracking at certain locations of the frames and frame reinforcements
in accordance with ``Part 4--Repeat Detail and HFEC Inspections'' of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1279, Revision 2, dated April 21, 2015. Repeat the
inspections thereafter at the applicable interval specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1279, Revision 2, dated April 21, 2015; or, before further
flight after accomplishing the Part 4 inspection specified in this
paragraph, and no cracking was found, do ``Part 5--Preventative
Modification'' as specified in the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated April
21, 2015. Accomplishment of the preventive modification specified in
this paragraph terminates the repetitive inspections required by
this paragraph for the modified area only.

(o) New Requirement of This AD: Repairs

    If any crack is found during any inspection required by
paragraph (m) or (n) of this AD: Before further flight, repair, in
accordance with ``Part 3--Repair'' of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1279, Revision
2, dated April 21, 2015, except where Boeing Alert Service Bulletin
737-53A1279, Revision 2, dated April 21, 2015, specifies to contact
Boeing for damage removal and repair instructions, repair before
further flight using a method approved in accordance with the
procedures specified in paragraph (u) of this AD. Accomplishing a
repair terminates the inspections required by paragraphs (m) and (n)
of this AD in the repaired area only. Accomplishment of a repair
terminates the modification required by paragraph (p) of this AD at
the repaired location only.

(p) New Requirement of This AD: Preventative Modification of the Frames
Between S-19 and S-22

    For airplanes identified as Groups 1 through 6, Configuration 3,
in Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated
April 21, 2015: Except as required by paragraphs (t)(1) and (t)(2)
of this AD, at the applicable time specified in table 2 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1279,
Revision 2, dated April 21, 2015, do the preventive modification of
the frames between S-19 and S-22, in accordance with ``Part 5--
Preventative Modification'' of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated April
21, 2015. Accomplishment of the modification required by this
paragraph terminates the requirements of paragraphs (g), (h), (m),
and (n) of this AD for the modified location only.

(q) New Requirement of This AD: Inspections of Preventive Modification
for Groups 1-3, Configuration 1, Airplanes

    For airplanes identified as Groups 1 through 3, Configuration 1,
in Boeing Alert

Service Bulletin 737-53A1279, Revision 2, dated April 21, 2015:
Except as required by paragraph (t)(1) of this AD, at the applicable
time specified in table 3 of paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated April
21, 2015, do HFEC, LFEC, and detailed inspections for cracking in
accordance with ``Part 7--INSPECTION OF PREVENTATIVE MODIFICATION''
of the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1279, Revision 2, dated April 21, 2015. Repeat the
inspections thereafter at the applicable interval specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1279, Revision 2, dated April 21, 2015. If any cracking is
found during any inspection required by this paragraph, before
further flight, repair using a method approved in accordance with
the procedures specified in paragraph (u) of this AD.

(r) New Requirement of This AD: Inspections of Preventive Modification
for Groups 1-6, Configuration 2, Airplanes

    For airplanes identified as Groups 1 through 6, Configuration 2,
in Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated
April 21, 2015: Except as required by paragraph (t)(1) of this AD,
at the applicable time specified in table 4 or table 6 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1279,
Revision 2, dated April 21, 2015, do HFEC, LFEC, and detailed
inspections for cracking in accordance with ``Part 8--INSPECTION OF
PREVENTATIVE MODIFICATION'' of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated April
21, 2015. Repeat the inspections thereafter at the applicable
interval specified in table 4 or table 6 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1279,
Revision 2, dated April 21, 2015. If any cracking is found during
any inspection required by this paragraph, before further flight,
repair using a method approved in accordance with the procedures
specified in paragraph (u) of this AD.

(s) New Requirement of This AD: Inspections of Preventive Modification
for Groups 4-6, Configuration 1, Airplanes

    For airplanes identified as Groups 4 through 6, Configuration 1,
in Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated
April 21, 2015: At the applicable time specified in table 5 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1279, Revision 2, dated April 21, 2015, except as required by
paragraph (t)(1) of this AD: Do HFEC and detailed inspections for
cracking in accordance with ``Part 7--INSPECTION OF PREVENTATIVE
MODIFICATION'' of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1279, Revision 2, dated April 21, 2015.
Repeat the inspections thereafter at the applicable time specified
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1279, Revision 2, dated April 21, 2015. If any cracking is
found during any inspection required by this paragraph, before
further flight, repair using a method approved in accordance with
the procedures specified in paragraph (u) of this AD.

(t) New Requirement of This AD: Exceptions to Service Bulletin
Specifications

    (1) Where paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-53A1279, Revision 2, dated April 21, 2015,
refers to a compliance time ``after the Revision 2 date of this
service bulletin,'' this AD requires compliance within the specified
compliance time after the effective date of this AD.
    (2) The ``Condition'' column in table 1 and table 2 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1279,
Revision 2, dated April 21, 2015, refers to total flight cycles ``at
the Revision 2 date of this service bulletin.'' However, this AD
applies to the airplanes with the specified total flight cycles as
of the effective date of this AD.

(u) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 (v)(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 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) AMOCs approved for the ADs in paragraphs (u)(4)(i) through
(u)(4)(iii) of this AD are approved as AMOCs for the corresponding
provisions of this AD.
    (i) AD 2009-02-06, Amendment 39-15796 (74 FR 10469, March 11,
2009).
    (ii) AD 2009-02-06 R1, Amendment 39-16015 (74 FR 45979,
September 8, 2009).
    (iii) AD 2011-23-05.

(v) Related Information

    (1) For more information about this AD, contact Galib Abumeri,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5324; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (w)(5) and (w)(6) of this AD.

(w) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
July 6, 2016.
    (i) Boeing Alert Service Bulletin 737-53A1279, Revision 2, dated
April 21, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
November 16, 2011 (76 FR 67343, November 1, 2011).
    (i) Boeing Alert Service Bulletin 737-53A1279, Revision 1, dated
September 2, 2011.
    (ii) Reserved.
    (5) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (6) You may view this 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.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 18, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2016-12329 Filed 5-31-16; 8:45 am]
 BILLING CODE 4910-13-P