[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Proposed Rules]
[Page 2204-2206]
[DOCID:fr14ja08-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0013; Directorate Identifier 2007-NM-230-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 727-200 Series Airplanes
Equipped With an Auxiliary Fuel Tank System Installed in Accordance
With Supplemental Type Certificate SA1350NM

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Boeing Model 727-200 series airplanes. This proposed AD
would require deactivation of auxiliary fuel tank systems installed in
accordance with Supplemental Type Certificate (STC) SA1350NM. This
proposed AD results from fuel tank system reviews conducted by the
manufacturer that identified potential unsafe conditions for which the
manufacturer has not provided corrective actions. We are proposing this
AD to prevent the potential of ignition sources inside fuel tanks,
which, in combination with flammable fuel vapors, could result in fuel
tank explosions and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by February 28,
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, 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 Management Facility

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

FOR FURTHER INFORMATION CONTACT: Jeff Janusz, Aerospace Engineer,
Systems and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft
Certification Office, 1801 Airport Road, Room 100, Mid-Continent
Airport, Wichita, Kansas 67209; telephone<PHONE_NUMBER>; fax (316)
946-4107.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0013;
Directorate Identifier 2007-NM-230-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(67 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC) design
approval) holders to substantiate that their fuel tank systems can
prevent ignition sources in the fuel tanks. This requirement applies to
design approval holders for large turbine-powered transport airplanes
and for subsequent modifications to those airplanes. It requires them
to perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with another latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

Supplemental Type Certificate (STC) SA1350NM for DTAA, Inc., Auxiliary
Fuel Tank System

    The auxiliary fuel tank system STC consists of two fuel tank
systems, a forward tank system consisting of 5 cells and an aft tank
system consisting of 3 cells. Each cell or individual tank is of a
double wall cylindrical design. All auxiliary fuel tank system tanks
are emptied and vented into the airplane center wing tank using bleed
air pressure supplied from the No. 1 (left hand) engine. All auxiliary
fuel tank system tanks use some type of electrical fuel quantity
indication system (FQIS), flight deck control and annunciation panels,
bleed air pressure regulators, vents, bleed air, and transfer valves,
pressure switches, float level switches, and associated electrical
wiring connections and electrical bonding methods.

FAA's Findings

    During the SFAR 88 safety assessment, it was determined that the
auxiliary fuel tank system FQIS requires wire separation or other means
to preclude any adjacent high power wires from shorting or inducing
high electrical energy levels into the auxiliary fuel tank system or
airplane fuel tank system. Additionally, the auxiliary fuel tank system
fuel transfer valves were not previously tested or shown to be
intrinsically safe from producing electrical arcing or explosion
hazards while in the presence of fuel vapors; therefore, re-
certification or relocation of these valves are mandated. Finally, STC
SA1350NM has been categorized by the FAA as being a high flammability
exposure installation, based on the internal fuselage location of the
auxiliary fuel tank system. A means to insure low flammability exposure
or to mitigate the effects of high flammability exposure time is
mandated.
    DTAA, Inc., has not provided the service information required under
SFAR 88 that would correct these conditions; therefore, we must mandate
the deactivation of all DTAA, Inc., auxiliary fuel tank systems
installed in accordance with STC SA1350NM.
    If operators do not wish to deactivate their auxiliary fuel tanks,
we will consider requests for alternative methods of compliance
(AMOCs).
    Once an operator has deactivated the tank as required by this AD,
the operator might wish to remove the tank. This would require a
separate design approval, if an approved tank removal procedure does
not exist.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. For this reason, we are proposing this AD,
which would require deactivation to prevent usage of the auxiliary fuel
tank system installed in accordance with STC SA1350NM.

Explanation of Compliance Time

    In most ADs, we adopt a compliance time allowing a specified amount
of time after the AD's effective date. In this case, however, the FAA
has already issued regulations that require operators to revise their
maintenance/inspection programs to address fuel tank safety issues. The
compliance date for these regulations is December 16, 2008. To provide
for coordinated implementation of these regulations and this proposed
AD, we are using this same compliance date in this proposed AD.

Costs of Compliance

    The following table provides the estimated costs for the 25 U.S.-
registered airplanes to comply with this proposed AD. Based on these
figures, the estimated costs for U.S. operators could be as high as
$162,000 to prepare and report the deactivation procedures, and $90,000
to deactivate the tank.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                        Average labor                               Individual
                Action                   Work hours     rate per hour            Parts                 cost
----------------------------------------------------------------------------------------------------------------
Report...............................               1             $80  None.....................             $80
Preparation of tank deactivation                   80              80  None.....................           6,400
 procedure.
Physical tank deactivation...........              30              80  1,200....................           3,600
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Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

DTAA, Inc.: Docket No. FAA-2008-0013; Directorate Identifier 2007-
NM-230-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February
28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 727-200 series airplanes,
certificated in any category and equipped with an auxiliary fuel
tank system installed in accordance with Supplemental Type
Certificate SA1350NM.

Unsafe Condition

    (d) This AD results from fuel tank system reviews conducted by
the manufacturer. We are issuing this AD to prevent the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

Compliance

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

Report

    (f) Within 45 days after the effective date of this AD, submit a
report to the Manager, Wichita Aircraft Certification Office (ACO),
FAA. The report must include the information listed in paragraphs
(f)(1) and (f)(2) of this AD. Under the provisions of the Paperwork
Reduction Act (44 U.S.C. 3501, et seq.), the Office of Management
and Budget (OMB) has approved the information collection
requirements contained in this AD, and assigned OMB Control Number
2120-0056.
    (1) The airplane registration and serial number.
    (2) The usage frequency in terms of total number of flights per
year and total number of flights per year for which the auxiliary
fuel tank system is used.

Prevent Usage of Auxiliary Fuel Tank

    (g) On or before December 16, 2008, deactivate the auxiliary
fuel tank system, in accordance with a deactivation procedure
approved by the Manager of the Wichita ACO. Any auxiliary fuel tank
system component that remains on the airplane must be secured and
must have no effect on the continued operational safety and
airworthiness of the airplane. Deactivation may not result in the
need for additional Instructions for Continued Airworthiness (ICA).

    Note 1: Appendix A of this AD provides criteria that must be
included in the deactivation procedure. The proposed deactivation
procedures should be submitted to the Wichita ACO as soon as
possible to ensure timely review and approval, prior to
implementation.

    Note 2: For technical information, contact Steve Forness, DTAA,
Inc., 101 Deer Meadow Court, St. Charles, Missouri 63304, (636) 928-
9606, fax<PHONE_NUMBER>.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Wichita ACO, FAA, has the authority to
approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Appendix A--Deactivation Criteria

    The auxiliary fuel tank system deactivation procedure required
by paragraph (g) of this AD should address the following actions.
    (1) Permanently drain the auxiliary fuel tank system tanks, and
clear them of fuel vapors to eliminate the possibility of out-
gassing of fuel vapors from the emptied auxiliary tank.
    (2) Disconnect all auxiliary fuel tank system electrical
connections from the fuel quantity indication system (FQIS), float,
pressure and transfer valves and switches, and all other electrical
connections required for auxiliary fuel tank system operation, and
stow them at the auxiliary fuel tank interface.
    (3) Disconnect all auxiliary fuel tank system bleed-air
connections, cap them at the bleed air source, and secure them.
    (4) Disconnect all auxiliary fuel tank system fuel supply and
fuel vent plumbing interfaces with airplane original equipment
manufacturer (OEM) fuel tanks, cap them at the airplane tank side,
and secure them. All disconnected auxiliary fuel tank system vent
systems must not alter the OEM fuel tank vent system configuration
or performance. All empty auxiliary fuel tank system tanks must be
vented to eliminate the possibility of structural deformation during
cabin decompression. The configuration must not permit the
introduction of fuel vapor into any compartments of the airplane.
    (5) Pull and collar all circuit breakers used to operate the
auxiliary fuel tank system.
    (6) Revise the weight and balance document, if required, and
obtain FAA approval.
    (7) Amend the applicable sections of the applicable Airplane
Flight Manual (AFM) to indicate that the auxiliary fuel tank system
is deactivated. Remove auxiliary fuel tank system operating
procedures to ensure that only the OEM fuel system operational
procedures are contained in the AFM. Amend the Limitations Section
of the AFM to indicate that the AFM Supplement for the STC is not in
effect. Place a placard in the flight deck indicating that the
auxiliary fuel tank system is deactivated. The AFM revisions
specified in this paragraph may be accomplished by inserting a copy
of this AD into the AFM.
    (8) Amend the applicable sections of the applicable airplane
maintenance manual to remove auxiliary fuel tank system maintenance
procedures.
    (9) After the auxiliary fuel tank system is deactivated,
accomplish procedures such as leak checks, pressure checks, and
functional checks deemed necessary before returning the airplane to
service. These procedures must include verification that the basic
airplane OEM FQIS, fuel distribution, and fuel venting systems
function properly and have not been adversely affected by
deactivation of the auxiliary fuel tank system.
    (10) Include with the proposed deactivation procedures any
relevant information or additional steps that are deemed necessary
by the operator to comply with the deactivation of the auxiliary
fuel tank system and return of the airplane to service.

    Issued in Renton, Washington, on December 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. E8-384 Filed 1-11-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Pages 1468-1469]
[FR Doc No: 2022-00268]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93907; File No. SR-NYSECHX-2021-18]

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its
Schedule of Fees and Rebates With Respect to a Regulatory Fee Related
to the Central Registration Depository

January 5, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 22, 2021 the NYSE Chicago, Inc. (``NYSE
Chicago'' or the ``Exchange'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
self-regulatory organization. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Schedule of Fees and Rebates
(the ``Fee Schedule'') with respect to a regulatory fee related to the
Central Registration Depository (``CRD system''), which is collected by
the Financial Industry Regulatory Authority, Inc. (``FINRA''). The
Exchange proposes to implement the fee change on January 2, 2022. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Price List with respect to a
regulatory fee collected by FINRA for use of the CRD system.\4\ The
Exchange proposes to implement the fee change on January 2, 2022.
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    \4\ The CRD system is the central licensing and registration
system for the U.S. securities industry. The CRD system enables
individuals and firms seeking registration with multiple states and
self-regulatory organizations to do so by submitting a single form,
fingerprint card, and a combined payment of fees to FINRA. Through
the CRD system, FINRA maintains the qualification, employment, and
disciplinary histories of registered associated persons of broker-
dealers.
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    FINRA collects and retains certain regulatory fees via the CRD
system for the registration of associated persons of Participants that
are not FINRA members (``Non-FINRA Participants'').\5\ The CRD system
fees are user-based, and there is no distinction in the cost incurred
by FINRA if the user is a FINRA member or a Non-FINRA Participant.
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    \5\ The Exchange originally adopted fees for use of the CRD
system in 2008 and amended those fees in 2013. See Securities
Exchange Act Release Nos. 57587 (March 31, 2008), 73 FR 18598 (April
4, 2008) (SR-CHX-2007-21); 68647 (January 14, 2013), 78 FR 4506
(January 22, 2013) (SR-CHX-2013-01). While the Exchange lists these
fees in its Price List, it does not collect or retain these fees.
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    FINRA recently amended one of the fees assessed for use of the CRD
system.\6\ Accordingly, the Exchange proposes to amend the Price List
to mirror the fee assessed by FINRA, which will be implemented
concurrently with the amended FINRA fee on January 2, 2022.\7\
Specifically, the Exchange proposes to amend the Price List to modify
the fee charged to Non-FINRA Participants for each initial Form U4
filed for the registration of a representative or principal from $100
to $125.\8\
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    \6\ See Securities Exchange Act Release No. 90176 (October 14,
2020), 85 FR 66592 (October 20, 2020) (SR-FINRA-2020-032).
    \7\ The Exchange notes that it has only adopted the CRD system
fees charged by FINRA to Non-FINRA Participants when such fees are
applicable. In this regard, certain FINRA CRD system fees and
requirements are specific to FINRA members, but do not apply to NYSE
Chicago-only Participants. Non-FINRA Participants have been charged
CRD system fees since 2008. See note 5, supra. Participants that are
also FINRA members are charged CRD system fees according to Section
4 of Schedule A to the FINRA By-Laws.
    \8\ See Section 4(b)(1) of Schedule A to the FINRA By-Laws
effective on January 2, 2022. This fee is assessed when a Non-FINRA
Participant submits an initial Uniform Application for Securities
Industry Regulation or Transfer (known as a ``Form U4'') filed by a
member in the CRD system to register an individual.
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    The Exchange notes that the proposed change is not otherwise
intended to address any other issues surrounding regulatory fees, and
the Exchange is not aware of any problems that Participants would have
in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5),\10\ in particular, because
it provides for the equitable allocation of reasonable dues, fees, and
other charges among its members, issuers, and other persons using its
facilities and does not unfairly discriminate between customers,
issuers, brokers, or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) & (5).
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    The Exchange believes that the proposed fee change is reasonable
because the fee will be identical to that adopted by FINRA as of
January 2, 2022 for use of the CRD system to submit a Form U4. The
costs of operating and improving the CRD system are similarly borne by
FINRA when a Non-FINRA Participant uses the CRD system; accordingly,
the fees collected for such use should, as proposed by the Exchange,
mirror the fees assessed to FINRA members. In addition, as FINRA noted
in amending its fees, it believes that its proposed pricing structure
is reasonable and correlates fees with the components that drive its
regulatory costs to the extent feasible.
    The Exchange also believes that the proposed fee change provides
for the equitable allocation of reasonable fees and other charges, and
does not unfairly discriminate between customers, issuers, brokers, and
dealers. The fee applies equally to all individuals and firms required
to report information to the CRD system, and the proposed change will
result in the same regulatory fee being charged to all Participants
required to report information to the CRD system and for services
performed by FINRA regardless of whether such Participants are FINRA
members. Accordingly, the Exchange believes that the fee collected for
such use should increase in lockstep with the fee adopted by FINRA as
of January 2, 2022, as is proposed by the Exchange.

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. Specifically, the Exchange believes that
the proposed change will reflect the fee that will be assessed by FINRA
for Form U4 filings as of January 2, 2022 and will thus result in the
same regulatory fees being charged to all Participants required to
report information to the CRD system and for services performed by
FINRA, regardless of whether or not such Participants are FINRA
members.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSECHX-2021-18 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-NYSECHX-2021-18. 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-NYSECHX-2021-18 and should be submitted
on or before February 1, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-00268 Filed 1-10-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Notices]
[Page 54336]
[FR Doc No: 2013-21412]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Wednesday,
September 4, 2013 at 10:00 a.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Stein, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    An adjudicatory matter; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: August 28, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-21412 Filed 8-29-13; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62129-62130]
[FR Doc No: 2015-26154]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76108; File No. SR-OCC-2015-015]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Concerning the Requirement for Clearing Members To Participate in
Operation Testing

October 8, 2015.
    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 October 2, 2015, The Options Clearing Corporation (``OCC'') 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 OCC. 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. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    This proposed rule change by OCC codifies the requirement for
clearing members to participate in operational testing, including
testing of OCC's business continuity and disaster recovery plans (``BCP
Testing'').

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    This proposed rule change would codify OCC's current requirement
for clearing members to participate in operational testing, including
testing of OCC's BCP Testing. Article V of OCC's By-Laws sets forth
OCC's initial membership requirements. Pursuant to Interpretation and
Policy .02(b) of Article V, Section 1 of OCC's By-Laws, an applicant
for clearing membership must demonstrate that it is operationally
capable of: (i) Processing expected volumes and values of transactions
cleared by the clearing member within required time frames, including
at peak times and on peak days; (ii) fulfilling collateral, payment,
and delivery obligations as required by OCC; and (iii) participating in
applicable default management activities, as may be required by OCC and
in accordance with applicable laws and regulations.\3\
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    \3\ See OCC's By-Laws, Article V, Section 1, Interpretation and
Policy .02(b).
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    Once a firm becomes a member of OCC, Chapter II of OCC's Rules sets
forth additional operational requirements. In particular, OCC Rule
214(d) requires clearing members to maintain their operational
capabilities as a continuing obligation of membership.\4\ In accordance
with such requirements, OCC annually conducts BCP Testing with certain
clearing members through coordinated testing. Recently, the Commission
promulgated Regulation System Compliance and Integrity (``Reg. SCI''),
which would require OCC to establish standards to designate members \5\
and require participation by such designated members in scheduled BCP
Testing with OCC on an annual basis.\6\ OCC is proposing to adopt Rule
218 so that OCC's Rules clearly articulate OCC's requirement with
respect to BCP Testing.
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    \4\ See OCC Rule 214(d). OCC Rule 214(d) requires clearing
members to maintain their ability to, among other things: (i)
Process expected volumes and values of transactions cleared by the
clearing member within required time frames, including at peak times
and on peak days; (ii) fulfill collateral, payment, and delivery
obligations as required by OCC; and (iii) participate in applicable
default management activities, as may be required by OCC and in
accordance with applicable laws and regulations.
    \5\ 17 CFR 242.1004(a). In adopting Reg. SCI, the Commission
determined not to require covered entities to notify the Commission
of its designations or the standards that will be used in
designating its members, recognizing instead that each entity's
standards, designations, and updates, if applicable, would be part
of its records and, therefore, available to the Commission and its
staff upon request. See 79 FR 72350.
    \6\ 17 CFR 242.1004(a) and (b).
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    Proposed Rule 218 would increase transparency regarding and ensure
OCC's practice with respect to BCP Testing is consistent with Reg. SCI
by articulating OCC's right to: (i) Designate clearing members required
to participate in BCP Testing; (ii) determine the scope of such BCP
Testing; and (iii) require clearing members to comply with the subject
BCP Testing within specified timeframes. In connection therewith, OCC
is planning to refine the criteria that it currently uses to designate
firms for BCP Testing. For example, while OCC will continue to rely on
volume thresholds to mandate participation in annual BCP Testing, OCC
will also take into account additional factors when designating firms
for BCP Testing, including but not limited to: (i) The nature of
interconnectedness based on a firm's approved business activities; (ii)
the existence of significant operational issues during the past twelve
months, and (iii) past performance with respect to BCP Testing.
Clearing members will be informed of the specific standards that will
be used by OCC, along with

any updates or changes to these standards, through established methods
of communication between OCC and its firms. Likewise, clearing members
will be notified in advance that they've been designated to participate
in BCP Testing for the upcoming year, and will be provided details
concerning the nature of such testing as the particular test plans are
determined.
    OCC believes the proposed rule would have no impact on OCC clearing
members relative to what clearing members are currently required to do.
As described above, OCC already requires certain clearing members to
participate in BCP Testing on an annual basis. The proposed rule
codifies OCC's practice and provides further clarity and transparency
to OCC clearing members to ensure consistency with Reg. SCI.
2. Statutory Basis
    OCC believes that the proposed rule change is consistent with
applicable provisions of the Securities and Exchange Act (``Act'') and
regulations promulgated thereunder. OCC believes providing further
transparency regarding the requirement for clearing members to take
part in its BCP Testing annually will help avoid ambiguity regarding
such requirements, and will further ensure that business continuity and
disaster recovery plans between OCC and its clearing members function
as intended during an emergency. As such, OCC believes the proposed
rule change would facilitate the prompt and accurate clearance and
settlement of securities transactions and protect investors and the
public interest consistent with Section 17A(b)(3)(F) of the Act,\7\ and
foster the objectives of the Commission under Reg. SCI by helping to
ensure resilient and available markets.\8\
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    \7\ 15 U.S.C. 78q-1(b)(3)(F).
    \8\ 17 CFR 242.1004(a) and (b).
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    Codifying OCC's current practice of requiring clearing members to
engage in BCP Testing annually is also consistent with Rule 17Ad-
22(d)(1), requiring that OCC provide for a well-founded, transparent,
and enforceable legal framework for each aspect of its activities in
all relevant jurisdictions, as it makes this obligation transparent.\9\
Finally, the proposed rule change is not inconsistent with any rules of
OCC, including those proposed to be amended.
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    \9\ 17 CFR 240.17Ad-22(d)(1).
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(B) Clearing Agency's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.\10\ OCC believes the proposed rule change would
not unfairly inhibit access to OCC's services or disadvantage or favor
any particular user in relationship to another user because the
proposed rule change would apply to all clearing members.
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    \10\ 15 U.S.C. 78-q1(b)(3)(I).
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    For the foregoing reasons, OCC believes that the proposed rule
change is in the public interest, would be consistent with the
requirements of the Act applicable to clearing agencies, and would not
impose a burden on competition.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments on the proposed rule change were not and are not
intended to be solicited with respect to the proposed rule change and
none have been 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 and the public
interest;
    (ii) Impose an significant burden on competition; and
    (iii) Become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act and Rule
19b-4(f)(6) thereunder.
    At any time within 60 days of the filing of this rule change, the
Commission summarily may temporarily suspend the 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.

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 Commissions Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2015-015 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-OCC-2015-015. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of OCC and
on OCC's Web site at http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_15_015.pdf.

    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-OCC-2015-015 and
should be submitted on or before November 5, 2015.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated Authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26154 Filed 10-14-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Pages 55053-55054]
[FR Doc No: 2023-17379]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Statement of Organization, Functions, and Delegations of
Authority

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA), Center for Devices and
Radiological Health (CDRH), Office of Strategic Partnerships and
Technology Innovation (OST) has modified its organizational structure.

DATES: These new organizations' structures were approved by the
Secretary of Health and Human Services on June 27, 2023, and effective
on August 8, 2023.

FOR FURTHER INFORMATION CONTACT: Denise Huttenlocker, Associate
Director for Management, Office of Management, Center for Devices and
Radiological Health, Food and Drug Administration, Bldg. 66, 10903 New
Hampshire Ave., Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Part D, Chapter D-B, (Food and Drug Administration), the Statement
of Organization, Functions and Delegations of Authority for the
Department of Health and Human Services (35 FR 3685, February 25, 1970,
60 FR 56606, November 9, 1995, 64 FR 36361, July 6, 1999, 72 FR 50112,
August 30, 2007, 74 FR 41713, August 18, 2009, 76 FR 45270, July 28,
2011, and 84 FR 22854, May 20, 2019) is amended to reflect Food and
Drug Administration's reorganization of CDRH, OST.
    This reorganization changed the OST organizational structure from
an office with three divisions to an office with five suboffices each
with their own divisions. The previous divisions were: the Division of
All Hazards Response, Science and Strategic Partnerships, the Division
of Digital Health, and the Division of Technology and Data Services.
The OST will elevate the programs performed by these former divisions
to a super office structure whereby these divisions are abolished, and
their functions and resources are realigned across five new OST
suboffices. DCCC. ORGANIZATION. The Office of Office of Strategic
Partnerships and Technology Innovation is headed by the Director of
Strategic Partnerships and Technology Innovation and includes the
following organizational units:

Office of Readiness and Response

Division of All Hazards Preparedness and Response
Division of Standards and Conformity Assessment
Division of Medical Device Cybersecurity

Office of Equity and Innovative Development

Division of Patient-Centered Development
Division of Heath Equity
Division of Partnerships and Innovation

Digital Health Center of Excellence

Division of Digital Health Policy
Division of Digital Health Technology Assessment
Division of Digital Health Outreach

Office of Technology and Data Services

Division of Business Transformation Delivery
Division of Technology Services
Division of Data Services

Office of Supply Chain Resilience

Division of Prevention, Innovation, and Resilience
Division of Shortage Assessment and Product Authentication

II. Delegations of Authority

    Pending further delegation, directives, or orders by the
Commissioner of Food and Drugs, all delegations and redelegations of
authority made to officials and employees of affected organizational
components will continue in them or their successors pending further
redelegations, provided they are consistent with this reorganization.

III. Electronic Access

    This reorganization is reflected in FDA's Staff Manual Guide (SMG).
Persons interested in seeing the

complete SMG can find it on FDA's website at: http://www.fda.gov/AboutFDA/ReportsManualsForms/StaffManualGuides/default.htm.

(Authority: 44 U.S.C. 3101.)

    Dated: August 9, 2023.
Xavier Becerra,
Secretary of Health and Human Services.
[FR Doc. 2023-17379 Filed 8-11-23; 8:45 am]
BILLING CODE 4164-01-P