[Federal Register: April 24, 2007 (Volume 72, Number 78)]
[Rules and Regulations]
[Page 20223-20225]
[DOCID:fr24ap07-2]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 249

[Release No. 34-55643]

Technical Amendments to Form BD and Form BDW

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; technical amendments.

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SUMMARY: The Securities and Exchange Commission (``Commission'' or
``SEC'') is making technical amendments to Form BD and Form BDW, the
uniform broker-dealer registration form and the uniform request for
withdrawal from broker-dealer registration, respectively. The technical
amendments will update the current list of self-regulatory
organizations (``SROs'') and government jurisdictions listed on Form BD
and Form BDW, and make conforming changes to the definition
``jurisdiction'' in the forms.

DATES: Effective Date: April 23, 2007.

FOR FURTHER INFORMATION CONTACT: Paula Jenson, Deputy Chief Counsel, or
Haimera Workie, Branch Chief, at<PHONE_NUMBER>, Office of the Chief
Counsel, Division of Market Regulation, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549.

SUPPLEMENTARY INFORMATION: Form BD requires an applicant or registrant
to indicate the SRO and governmental jurisdiction with which it is
registering or registered. For a ``partial withdrawal,'' \1\ Form BDW
requires the applicant to specify the SRO and governmental jurisdiction
from which it is withdrawing.\2\ The Commission is making technical
amendments to Item 2 of Form BD and Item 3 of Form BDW to update the
list of governmental jurisdictions to include the United States Virgin
Islands, and to update the

list of SROs to include The NASDAQ Stock Market LLC and the
International Securities Exchange, LLC, as well as to reflect the name
change of The Cincinnati Stock Exchange, Inc. to National Stock
Exchange, Inc.\3\ and the name change of the Pacific Exchange, Inc. to
NYSE Arca, Inc.\4\ In addition, we are making conforming changes to the
definition of ``jurisdiction'' to include the United States Virgin
Islands. ``Jurisdiction'' will be defined as: ``A state, the District
of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
or any subdivision or regulatory body thereof.''
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    \1\ A ``full withdrawal'' terminates registration with the SEC,
all SROs, and all jurisdictions. However, a ``partial withdrawal''
terminates registration with specific jurisdictions and SROs, but
does not terminate registration with the SEC and at least one SRO
and jurisdiction.
    \2\ Section 15(b) of the Securities Exchange Act of 1934
(``Exchange Act'') provides that broker-dealers can register and
withdraw from registration under procedures developed by the
Commission. Exchange Act Rule 15b1-1 requires that an application
for registration of a broker or dealer that is filed pursuant to
Section 15(b) of the Exchange Act be filed on Form BD in accordance
with the instructions on the form. Exchange Act Rule 15b6-1 requires
that a notice of withdrawal from registration as a broker or dealer
filed pursuant to Section 15(b) of the Exchange Act be filed on Form
BDW in accordance with the instructions on the form.
    \3\ Exchange Act Rel. No. 48774 (November 12, 2003), 68 FR 65332
(November 19, 2003).
    \4\ Exchange Act Rel. No. 53615 (April 7, 2006), 71 FR 19226
(April 13, 2006).
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I. Certain Findings

    Under the Administrative Procedure Act (``APA''), notice of
proposed rulemaking is not required when the agency, for good cause,
finds ``that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' \5\ The Commission
is making technical amendments to Item 2 of Form BD and Item 3 of Form
BDW in light of the formation of or name changes to SROs and in light
of new requirements for broker-dealer registration in the United States
Virgin Islands.\6\ The Commission is also making conforming amendments
to the definition of ``jurisdiction'' to include the United States
Virgin Islands. These technical amendments will update the currently
out-of-date list of SROs and government jurisdictions contained in Form
BD and Form BDW, as well as provide related changes to the definition
of ``jurisdiction'' in the forms. The Commission, therefore, finds that
publishing the amendments for comment is unnecessary.\7\
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    \5\ 5 U.S.C. 553(b).
    \6\ The United States Virgin Islands Uniform Securities Act of
2004 (``Uniform Securities Act'') became effective on February 12,
2005. See 9 V.I. CODE ANN. Sec. Sec.  601-672 (2004). The Uniform
Securities Act requires registration by broker-dealers. See 9 V.I
CODE ANN. Sec.  631. Prior to the enactment of the Uniform
Securities Act, the United States Virgin Islands did not have
regulations that addressed broker-dealer registration and therefore
it was not included as a jurisdiction on Form BD and Form BDW.
Adding the United States Virgin Islands onto the list of
jurisdictions would facilitate the use of these forms by broker-
dealers and would eliminate the need for separate paper filings of
registration forms by broker-dealers in the United States Virgin
Islands.
    \7\ For similar reasons, the amendments do not require analysis
under the Regulatory Flexibility Act or analysis of major rule
status under the Small Business Regulatory Enforcement Fairness Act.
See 5 U.S.C. 601(2) (for purposes of Regulatory Flexibility Act
analyses, the term ``rule'' means any rule for which the agency
publishes a general notice of proposed rulemaking); 5 U.S.C.
804(3)(C) (for purposes of Congressional review of agency
rulemaking, the term ``rule'' does not include any rule of agency
organization, procedure, or practice that does not substantially
affect the rights or obligations of non-agency parties).
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    Publication of a substantive rule not less than 30 days before its
effective date is required by the APA except as otherwise provided by
the agency for good cause.\8\ For the same reasons described above with
respect to notice and opportunity for comment, the Commission finds
that there is good cause for making these technical amendments
effective on April 23, 2007.
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    \8\ 5 U.S.C. 553(d).
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II. Consideration of Promotion of Efficiency, Competition, and Capital
Formation

    Section 3(f) of the Exchange Act,\9\ provides that whenever the
Commission is engaged in rulemaking and is required to consider or
determine whether an action is necessary or appropriate in the public
interest, the Commission shall consider, in addition to the protection
of investors, whether the action will promote efficiency, competition,
and capital formation. In addition, Section 23(a)(2) of the Exchange
Act requires the Commission, in adopting rules under the Exchange Act,
to consider the anticompetitive effects of such rules, if any, and to
refrain from adopting a rule that would impose a burden on competition
not necessarily or appropriate in furtherance of the purposes of the
Exchange Act.\10\
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    \9\ 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78w(a)(2).
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    Because the amendments are limited to technical amendments, we do
not anticipate that any competitive advantages or disadvantages would
be created. We do not expect the amendments, as technical amendments,
to have a significant effect on efficiency, or on capital formation or
the capital markets resulting from any obligations imposed by the
Commission. As previously noted, however, there will be some increased
efficiency in the administration of the United States Virgin Islands
regulations because adding the United States Virgin Islands to the list
of jurisdictions will facilitate the use of these forms by broker-
dealers doing business in that jurisdiction and will eliminate the need
for separate paper filings of registration forms by these broker-
dealers.

III. Statutory Authority

    We are adopting the technical amendments to Forms BD and BDW under
the authority set forth in the Exchange Act and, in particular,
Sections 15(a), 15(b), 17(a), and 23(a) therein.\11\
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    \11\ 15 U.S.C. 78o(a), 78o(b), 78q(a), and 78w(a).
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Text of Form Amendments

List of Subjects in 17 CFR Part 249

    Broker-dealers, Reporting and recordkeeping requirements,
Securities.

0
For the reasons set out in the preamble, 17 CFR part 249 is amended as
follows:

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
1. The authority citation for Part 249 continues to read in part as
follows:

    Authority: 15 U.S.C. 78a, et seq. and 7201 et seq.; and 18
U.S.C. 1350, unless otherwise noted.
* * * * *

Sec.  249.501  [Amended]

0
2. Form BD (referenced in Sec.  249.501) is amended by:
0
a. In the Explanation of Terms, 1. General section, revising
``JURISDICTION--A state, the District of Columbia, the Commonwealth of
Puerto Rico, or any subdivision or regulatory body thereof.'' to read
``JURISDICTION--A state, the District of Columbia, the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, or any subdivision or regulatory
body thereof.''; and
0
b. In Item 2, revising the SRO and Jurisdiction tables.
    The revision reads as follows:
    Form BD
* * * * *
    2. * * *

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S        [ballot  [ballot  [ballot  [ballot  [ballot  [ballot  [ballot  [ballot  [ballot  [ballo  [ballo  [ballo
          ]        ]        ]        ]        ]        ]        ]        ]        ]        t]      t]      t]---
                                                                                ---
R        AMEX     BSE      CBOE     CHX      NSX      NASD     NQX      NYSE     PHLX     ARCA    ISE     OTHER
O                                                                                (speci
                                                                                fy)
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
J        [ballot] Alabama     [ballot] Hawaii      [ballot] Michigan    [ballot] North       [ballot] Texas
                                                                         Carolina
U        [ballot] Alaska      [ballot] Idaho       [ballot] Minnesota   [ballot] North       [ballot] Utah
                                                                         Dakota
R        [ballot] Arizona     [ballot] Illinois    [ballot]             [ballot] Ohio        [ballot] Vermont
                                                    Mississippi

I        [ballot] Arkansas    [ballot] Indiana     [ballot] Missouri    [ballot] Oklahoma    [ballot] Virgin
                                                                                Islands
S        [ballot] California  [ballot] Iowa        [ballot] Montana     [ballot] Oregon      [ballot] Virginia
D        [ballot] Colorado    [ballot] Kansas      [ballot] Nebraska    [ballot]             [ballot] Washington
                                                                         Pennsylvania
I        [ballot]             [ballot] Kentucky    [ballot] Nevada      [ballot] Puerto      [ballot] West
          Connecticut                                                    Rico                 Virginia
C        [ballot] Delaware    [ballot] Louisiana   [ballot] New         [ballot] Rhode       [ballot] Wisconsin
                                                    Hampshire            Island
T        [ballot] District    [ballot] Maine       [ballot] New Jersey  [ballot] South       [ballot] Wyoming
          of Columbia                                                    Carolina
I        [ballot] Florida     [ballot] Maryland    [ballot] New Mexico  [ballot] South
                                                                         Dakota
O        [ballot] Georgia     [ballot]             [ballot] New York    [ballot] Tennessee
                               Massachusetts
N
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* * * * *

0
3. Form BDW (referenced in Sec.  249.501a) is amended by:
0
a. In the Explanation of Terms section, revising ``The term
JURISDICTION means a state, the District of Columbia, the Commonwealth
of Puerto Rico, or any subdivision or regulatory body thereof.'' to
read ``The term JURISDICTION means a state, the District of Columbia,
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or any
subdivision or regulatory body thereof.''; and
0
b. In Item 3, revising the SRO and Jurisdiction tables.
    The revision reads as follows:
    Form BDW
* * * * *
    3. * * *

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---------------------------------------------------------------------------------------------------------
S        [ballot  [ballot  [ballot  [ballot  [ballot  [ballot  [ballot  [ballot  [ballot  [ballo  [ballo  [ballo
          ]        ]        ]        ]        ]        ]        ]        ]        ]        t]      t]      t]---
                                                                                ---
R        AMEX     BSE      CBOE     CHX      NSX      NASD     NQX      NYSE     PHLX     ARCA    ISE     OTHER
O                                                                                (speci
                                                                                fy)
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
J        [ballot] Alabama     [ballot] Hawaii      [ballot] Michigan    [ballot] North       [ballot] Texas
                                                                         Carolina
U        [ballot] Alaska      [ballot] Idaho       [ballot] Minnesota   [ballot] North       [ballot] Utah
                                                                         Dakota
R        [ballot] Arizona     [ballot] Illinois    [ballot]             [ballot] Ohio        [ballot] Vermont
                                                    Mississippi
I        [ballot] Arkansas    [ballot] Indiana     [ballot] Missouri    [ballot] Oklahoma    [ballot] Virgin
                                                                                Islands
S        [ballot] California  [ballot] Iowa        [ballot] Montana     [ballot] Oregon      [ballot] Virginia
D        [ballot] Colorado    [ballot] Kansas      [ballot] Nebraska    [ballot]             [ballot] Washington
                                                                         Pennsylvania
I        [ballot]             [ballot] Kentucky    [ballot] Nevada      [ballot] Puerto      [ballot] West
          Connecticut                                                    Rico                 Virginia
C        [ballot] Delaware    [ballot] Louisiana   [ballot] New         [ballot] Rhode       [ballot] Wisconsin
                                                    Hampshire            Island
T        [ballot] District    [ballot] Maine       [ballot] New Jersey  [ballot] South       [ballot] Wyoming
          of Columbia                                                    Carolina
I        [ballot] Florida     [ballot] Maryland    [ballot] New Mexico  [ballot] South
                                                                         Dakota
O        [ballot] Georgia     [ballot]             [ballot] New York    [ballot] Tennessee
                               Massachusetts
N
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* * * * *

    By the Commission.

    Dated: April 19, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-7746 Filed 4-23-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Proposed Rules]
[Page 59960]
[FR Doc No: 2011-24984]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2009-0312; SW FRL-9472-6]

Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Withdrawal of proposed rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rule.

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SUMMARY: Because EPA has discovered additional information which we
believe is pertinent for consideration in this decision, we are
withdrawing the proposed rule to grant an exclusion for Republic
Services, Inc./BFI Gulf West Landfill (Gulf West) located in Anahuac,
TX, published on January 28, 2011. This notice removes the proposed
rule published in 76 FR 5110 (January 28, 2011) for public review and
comment.

FOR FURTHER TECHNICAL INFORMATION CONTACT: Michelle Peace by mail at
U.S. EPA Region 6, Multimedia Planning and Permitting Division,
Corrective Action and Waste Minimization Section (6PD-C), 1445 Ross
Avenue, Dallas, TX 75202, by phone at<PHONE_NUMBER> or by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Because EPA has discovered additional
information pertinent to the final disposition of the petition, we are
withdrawing the proposed rule for Republic Services, Inc./BFI Gulf West
Landfill (Gulf West) located in Anahuac, TX, published on January 28,
2011 (76 FR 5110). EPA subsequently received information after the
comment period which highlighted several deficiencies in the data
submitted by Gulf West. EPA will return the December 2009 petition
submitted by Gulf West. No further action will be taken on this
petition. A new petition will be required for this waste stream.

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.

    Authority:  Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).

    Dated: September 14, 2011.
Carl E. Edlund,
 Division Director, Multimedia Planning and Permitting Division, Region
6.
[FR Doc. 2011-24984 Filed 9-27-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68416-68417]
[DOCID:fr10no05-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-74-000]

Colorado Interstate Gas Company; Notice of Proposed Changes in
FERC Gas Tariff

November 4, 2005.
    Take notice that on November 1, 2005, Colorado Interstate Gas
Company (CIG) tendered for filing as part of its FERC Gas Tariff, First
Revised Volume No. 1, the following tariff sheets to become effective
December 2, 2005:

Fourteenth Revised Sheet No. 272
Original Sheet No. 272A
Fifth Revised Sheet No. 273
First Revised Sheet No. 273.01
Original Sheet No. 273.02

    CIG states that the tariff sheets update sale of available capacity
tariff provisions to include the addition of open season procedures and
the right of first refusal limitation on the sale of interim capacity.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6234 Filed 11-9-05; 8:45 am]

BILLING CODE 6717-01-P


----- Forwarded by Jaime Pagan/RTP/USEPA/US on 06/16/2008 03:56 PM -----

             "Farr, Clint J
             (DEC)"
             <clint.farr@alas                                        To
             ka.gov>                  Jaime Pagan/RTP/USEPA/US@EPA,
                                      Michael Horowitz/DC/USEPA/US@EPA
             05/22/2008 11:37                                        cc
             AM                       "Farr, Clint J (DEC)"
<EMAIL_ADDRESS>
                                                                Subject
                                      Rural Alaska transition to ULSD
                                      cost assessment

Hi guys,

Here is a PDF version of the cost assessment report which was presented to you
on Thursday.

Clint(See attached file: Final Report.pdf)


[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Pages 65918-65920]
[FR Doc No: 2012-26712]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68105; File No. SR-CBOE-2012-097]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule

October 25, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\

notice is hereby given that on October 16, 2012, Chicago Board Options
Exchange, Incorporated (the ``Exchange'' or ``CBOE'') filed with the
Securities and Exchange Commission (the ``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

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

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

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

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

1. Purpose
    On June 18, 2010, the Exchange established an SPX Tier Appointment
Fee (the ``Fee'').\3\ The Fee is assessed to any Market-Maker Trading
Permit Holder that either (a) has an SPX Tier Appointment at any time
during a calendar month; or (b) conducts any open outcry transactions
in SPX or SPX Weeklys at any time during a calendar month.\4\
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    \3\ See Securities Exchange Act Release No. 62386 (June 25,
2012) 75 FR 38566 (July 2, 2012) (SR-CBOE-2012-060) [sic].
    \4\ See CBOE Fees Schedule, table on Trading Permit and Tier
Appointment Fees.
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    CBOE Rule 24.19 permits the execution of Multi-Class Broad-Based
Index Option Spread Orders (``Multi-Class Spread Orders''), which are
generally defined as orders to buy a stated number of contracts of a
broad-based index option or ETF/ETN option derived from a broad-based
index and to sell an equal number, or an equivalent number of contracts
of a different broad-based index option or ETF/ETN option derived from
a broad-based index. These orders may be represented at the trading
station of either option involved, subject to the conditions in Rule
24.19.\5\ For example, a common Multi-Class Spread Order involves
executing an OEX (which is based on the S&P 100) order along with an
SPX (which is based on the S&P 500) order. This is often executed by
Market-Makers who have an OEX Tier Appointment but not an SPX Tier
Appointment, and who do not otherwise engage in SPX transactions.
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    \5\ See CBOE Rule 24.19.
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    The Fee was not enacted with the intention of assessing it to
Market-Makers to whom it would only apply due to their execution of
Multi-Class Spread Orders that included an SPX component; the Fee was
intended to be assessed on Market-Makers holding an SPX Tier
Appointment and those doing regular SPX trades in the SPX trading
crowd. As such, on July 6, 2010, the Exchange put out a regulatory
circular (the ``Regulatory Circular'') that stated that the Fee is not
applicable to Multi-Class Spread Orders executed by Market-Makers that
include SPX options (the ``Exclusion'') because these spread
transactions also include non-SPX options.\6\ In order to avoid being
assessed the Fee as a result of the execution of Multi-Class Spread
Orders with an SPX component, Market-Makers to which the Fee is not
otherwise applicable were directed to submit a form to the Exchange
within three business days following the execution of the applicable
spread transaction(s).\7\
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    \6\ See CBOE Regulatory Circular RG10-80.
    \7\ See CBOE Regulatory Circular RG10-80.
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    The Exchange believed, upon releasing the Regulatory Circular, that
the Exclusion was fairly and reasonably implied from the language in
the Fees Schedule that describes the Fee. As such, the Exchange did
not, at the time, include the Exclusion in such language in the Fees
Schedule. However, the Exchange now proposes to codify the Exclusion in
the Fees Schedule by stating that the Fee will not be assessed to a
Trading Permit Holder Market Maker who (i) does not have an SPX Tier
Appointment, (ii) only executes SPX or SPX Weeklys open outcry
transactions as part of multi-class broad-based index spread
transactions, and (iii) submits the SPX Tier Appointment Fee Exclusion
for Multi-Class Broad-Based Index Spread Transactions Form (the
``Form'') within three business days of execution of the applicable
spread transaction(s). Upon effectiveness of this rule change, the
Exchange will issue another Regulatory Circular which will explain the
Exclusion and provide directions on how Market-Makers may access and
submit the Form.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\8\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \9\ requirements that the rules of
an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest. Codifying the Exclusion prevents any potential
confusion regarding whether or not Market-Makers trading Multi-Class
Spread Orders that include an SPX component will be assessed the Fee.
This elimination of any potential confusion serves to perfect the
mechanism for a free and open market and a national market system, and,
in general, to protect investors and the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange also believes the proposed rule change is consistent
with Section 6(b)(4) of the Act,\10\ which provides that Exchange rules
may provide for the equitable allocation of reasonable dues, fees, and
other charges among its Trading Permit Holders and other persons using
its facilities. The Exclusion itself is reasonable because it allows
Market-Makers to whom the Fee would apply only due to their execution
of Multi-Class Spread Orders with an SPX component to avoid having to
pay the Fee. The Exclusion is equitable and not unfairly discriminatory
because the Fee is intended to be assessed on those Market-Makers who
hold an SPX Tier Appointment or conduct open outcry transactions in SPX
or SPX Weeklys (i.e., Market-Makers who are engaging in regular SPX
trades), since those Market-Makers are engaging in transactions for
which executing SPX trades is the primary purpose of such transactions
(or are signing up to do so). Market-Makers who only engage in SPX
transactions through the execution of Multi-Class

Spread Orders with an SPX component are not engaging in such
transactions with primary purpose of executing an SPX order, but
instead are just executing an SPX order as part of a larger Multi-Class
Spread Order.
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    \10\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \11\ of the Act and paragraph (f)(2) of Rule 19b-4 \12\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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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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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2012-097 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2012-097. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2012-097 and should be
submitted on or before November 21, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-26712 Filed 10-30-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72663-72664]
[FR Doc No: 2016-25385]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0109; FMCSA-2013-0444]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions of 10
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: Each group of renewed exemptions was effective on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before November
21, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0109; FMCSA-2013-0444
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for two years if it finds ``such exemption would likely achieve a level
of safety that is equivalent to or greater than the level that would be
achieved absent such exemption.'' The statute also allows the Agency to
renew exemptions at the end of the two-year period.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person:

    Has no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause the loss of
consciousness or any loss of ability to control a CMV.

    In addition to the regulations, FMCSA has published advisory
criteria to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
    The 10 individuals listed in this notice have requested renewal of
their exemptions from the Epilepsy and Seizure Disorders prohibition in
49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly,
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 10 applicants has satisfied the conditions for obtaining an
exemption from the Epilepsy and Seizure Disorder requirements and was
published in the Federal Register (79 FR 23054, 79 FR 73400). In
addition, for Commercial Driver's License (CDL) holders, the Commercial
Driver's License information System (CDLIS) and the Motor Carrier
Management Information System (MCMIS) are searched for crash and
violation data. For non-CDL holders, the Agency reviews the driving
records from the State Driver's Licensing Agency (SDLA). These factors
provide an adequate basis for predicting each driver's ability to
continue to safely operate a CMV in interstate commerce.
    The 10 drivers in this notice remain in good standing with the
Agency, have maintained their medical monitoring, and have not
exhibited any medical

issues that would compromise their ability to safely operate a CMV
during the previous two-year exemption period. FMCSA has concluded that
renewing the exemptions for each of these applicants is likely to
achieve a level of safety equal to that existing without the exemption.
Therefore, FMCSA has decided to renew each exemption for a two-year
period. In accordance with 49 U.S.C. 31136(e) and 31315, each driver
has received a renewed exemption.
    As of June 9, 2016, David Crowe (VA) has satisfied the renewal
conditions for obtaining an exemption from the Epilepsy and Seizure
Disorders prohibition in 49 CFR 391.41(b)(8) from driving CMVs in
interstate commerce (79 FR 23054). This driver was included in FMCSA-
2013-0109. The exemption was effective on June 9, 2016, and will expire
on June 9, 2018.
    As of June 24, 2016, the following 9 individuals have satisfied the
renewal conditions for obtaining an exemption from the Epilepsy and
Seizure Disorders prohibition in 49 CFR 391.41(b)(8) from driving CMVs
in interstate commerce (79 FR 73400):

Travis Arend (VA)
Heath Crowe (LA)
Richard Degnan (AZ)
Peter DellaRocco (PA)
Domenick Panfie (NJ)
Scott Reaves (TX)
Milton Tatham (NV)
Thomas Tincher (VA)
Duane Troff (MN)

    These drivers were included in FMCSA-2013-0444. The exemptions were
effective on June 24, 2016, and will expire on June 24, 2018.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must remain seizure-free and maintain a stable
treatment during the two-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each
driver must provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file or keep a
copy of his/her driver's qualification file if he/she is self-employed.
The driver must have a copy of the exemption when driving for
presentation to a duly authorized Federal, State, or local enforcement
official. The exemption will be rescinded if: (1) The person fails to
comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

V. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 10 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the Epilepsy
and Seizure Disorders requirement in 49 CFR 391.41 (b)(8). In
accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be
valid for two years unless revoked earlier by FMCSA.

    Issued on: October 13, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25385 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Rules and Regulations]
[Pages 21716-21720]
[FR Doc No: 2016-08359]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3147; Directorate Identifier 2014-NM-094-AD;
Amendment 39-18479; AD 2016-08-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 777-200, -200LR, -300, and -300ER series
airplanes. This AD was prompted by reports of fractured forward attach
fittings of the inboard flap outboard aft flap track. The fractured
fittings were determined to be the result of corrosion pits forming on
the inside diameter of the fittings. This AD requires an inspection for
the affected part number and serial number of the main flap; various
additional repetitive inspections of the fitting, if necessary; and
replacement of the fitting or nested bushing installation, if
necessary, which would terminate the inspections. This AD also provides
an optional terminating action for the repetitive inspections. We are
issuing this AD to detect and correct fracture of the fitting, which
could result in the loss of the inboard aft flap and could lead to a
punctured fuselage, causing injury to the flightcrew and passengers,
and damage to the airplane.

DATES: This AD is effective May 18, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 18,
2016.

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-
3147.

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-
3147; 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: Eric Lin, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>; fax: 425-
917-6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 777-200, -200LR, -300, and -300ER series airplanes. The NPRM
published in the Federal Register on August 25, 2015 (80 FR 51491)
(``the NPRM''). The NPRM was prompted by reports of fractured forward
attach fittings of the inboard flap outboard aft flap track. The
fractured fittings were determined to be the result of corrosion pits
forming on the inside diameter of the fittings. The NPRM proposed to
require an inspection for the affected part number and serial number of
the main flap; various additional repetitive inspections of the
fitting, if necessary; and replacement of the fitting or nested bushing
installation, if necessary, which would terminate the inspections. The
proposed AD also provided an optional terminating action for the
repetitive inspections. We are issuing this AD to detect and correct
fracture of the fitting, which could result in the loss of the inboard
aft flap and could lead to a punctured fuselage, causing injury to

the flightcrew and passengers, and damage to 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. Benjamin Kerensa commented that he
supports the NPRM.

Request To Change Terminology

    Boeing requested that we change the phrase ``inboard flap of the
main flap'' to ``main flap of the inboard flap assembly'' in paragraphs
(g) and (h) of the proposed AD. Boeing stated that this would clarify
the inspection location.
    We agree with the commenter's request for the reason provided by
the commenter. We have revised paragraphs (g) and (h) of this AD
accordingly.

Request To Clarify Requirements of a Certain Terminating Action

    Boeing requested that we revise the terminating action specified in
paragraph (k)(1) of the proposed AD. Boeing recommended that at the end
of paragraph (k)(1) of the proposed AD, we add the following language,
``Prior to accomplishing this option, the inspections of paragraph (h)
must be accomplished and no cracking must have been found during that
inspection.'' Boeing commented that the bushing replacement is only a
terminating action if the fitting has been verified to be crack free.
    We agree to clarify the terminating action. As specified in Boeing
Special Attention Service Bulletin 777-57-0094, Revision 1, dated
November 5, 2014, if cracking is found during an inspection that is
part of the terminating action, a fitting replacement must be done
instead of the terminating action. In addition, Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November 5,
2014, specifies that if corrosion cannot be removed during the
terminating action, a fitting replacement must be done instead of the
terminating action.
    Therefore, we have revised paragraph (k)(1) of this AD to specify
that the terminating action is acceptable provided no cracking is found
during any inspection specified in Part 4 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-57-0094,
Revision 1, dated November 5, 2014, and all corrosion has been removed.
    We have also clarified the terminating actions specified in
paragraphs (h), (i), (j), (k)(1), (k)(2), and (k)(3) of this AD to
specify the terminating actions apply only to that fitting on which the
terminating action is done.
    In addition, we have clarified the actions specified in paragraphs
(i)(3)(i), (i)(3)(ii), and (i)(3)(iii) of this AD by specifying the
actions include doing all applicable related investigative actions.
Also, we have clarified the actions specified in paragraphs (j)(1) and
(j)(2) of this AD by specifying the actions include doing all
applicable related investigative and corrective actions.

Request To Clarify Terminating Action Is an Option to the Inspections

    Boeing and American Airlines (AA) requested that we clarify that
the terminating action can be done instead of the inspections. AA
commented to revise the terminating action paragraph to state the
following:

    If any inboard flap of the main flap having an affected part
number and serial number is found during the inspection required by
paragraph (g) of this AD: Except as provided by paragraph (l) of
this AD, at the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 777-57-
0094, Revision 1, dated November 5, 2014, do the terminating action
in paragraph (k)(1), (k)(2), or (k)(3) of this AD or do the
inspections specified in paragraph (h)(1) or (h)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Special
attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014. Repeat the inspections thereafter at the applicable times
specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014, until a terminating action in paragraph (k)(1), (k)(2), or
(k)(3) of this AD is done.

    AA commented that this change would align the proposed rule with
paragraph 1.E., ``Compliance,'' table 1 and table 2, of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November 5,
2014. AA also stated that this would clearly indicate that the
terminating action would preclude having to accomplish first the
initial inspection requirement in paragraph (h) of the proposed AD.
Boeing requested that we add a sentence to the end of paragraph (h) to
specify that the inspections are not required for any affected inboard
flap assembly where one of the terminating actions specified in
paragraph (k)(1), (k)(2), or (k)(3) of the proposed AD have been done.
    We agree with the commenters' request. We have revised paragraph
(h) of this AD to clarify that the terminating actions may preclude the
initial inspections because rework or replacement of the parts prevent
the unsafe condition.

Request To Clarify the Applicability

    Delta Airlines (DAL) requested that we clarify whether paragraph
(c) of the proposed AD is intended for all Model 777-200, -200LR, -300,
and -300ER series airplanes, or all Model 777-200, -200LR, -300 and -
300ER series airplanes, identified as Groups 1, 2, and 4 airplanes in
Boeing Special Attention Service Bulletin 777-57-0094, Revision 1,
dated November 5, 2014.
    DAL stated that paragraph (c) of the proposed AD does not contain
Boeing Special Attention Service Bulletin 777-57-0094, Revision 1,
dated November 5, 2014, to identify the airplane's applicability for
the proposed AD. DAL commented that in the proposed rule under
``Differences Between This Proposed AD and the Service Information,''
the airplane's applicability is stated. DAL also stated that the same
paragraph states that the proposed AD is applicable only to Groups 1,
2, and 4 airplanes (Model 777-200, -200LR, -300 and -300ER series
airplanes) specified in Boeing Service Bulletin 777-57-0094, Revision
1, dated November 5, 2014. DAL commented that a review of the
``Compliance'' paragraph in the service information indicates that the
FAA will possibly release an AD for airplanes in Groups 1, 2, and 4.
    We agree with the commenter's request to clarify the applicability
of this AD. This AD applies to all Model 777-200, -200LR, -300, and -
300ER series airplanes as specified in paragraph (c) of this AD. The
description of Groups 1, 2, and 4 airplanes in section 1.A.,
``Effectivity,'' of Boeing Special Attention Service Bulletin 777-57-
0094, Revision 1, dated November 5, 2014, specifies Model 777-200, -
200LR, -300, and -300ER series airplanes. Additionally, as noted in the
service information, the table of variable numbers given in section
1.A., ``Effectivity,'' only reflects up to line number 1322, and
affected airplanes after line number 1322 will be added to the profile
page of MyBoeingFleet.com. Therefore, this AD applies to all Model 777-
200, -200LR, -300, and -300ER series airplanes. We have not changed
this AD in this regard.

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 Special Attention Service Bulletin 777-57-0094,
Revision 1, dated November 5, 2014. The service information describes
procedures for an inspection for the affected part number and serial
number of the main flap; various additional repetitive inspections of
the fitting, if necessary; and replacement of the fitting or nested
bushing installation, if necessary, which would terminate the
inspections. The service information also describes an optional
terminating action for the repetitive inspections. 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 148 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
----------------------------------------------------------------------------------------------------------------
Inspection to determine the part   3 work-hours x $85             $0  $255................  $37,740.
 number.                            per hour = $255.
Additional Inspections...........  Up to 7                         0  Up to $595, per       Up to $88,060, per
                                    work[dash]hours x                  cycle.                cycle.
                                    $85 per hour =
                                    $595, per cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that will be required based on the results of the inspection. The
nested bushing installation of the attach fitting and the fitting
replacement are also optional terminating actions. We have no way of
determining the number of aircraft on which these actions might be
done.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                    Action                                 Labor cost              Parts cost   Cost per product
----------------------------------------------------------------------------------------------------------------
Nested bushing installation of the attach       40 work-hours x $85 per hour =            $45            $3,445.
 fitting.                                        $3,400.
Fitting replacement...........................  73 work-hours x $85 per hour =          7,400            13,605.
                                                 $6,205.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, all of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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

    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 adding the following new airworthiness
directive (AD):

2016-08-03 The Boeing Company: Amendment 39-18479; Docket No. FAA-
2015-3147; Directorate Identifier 2014-NM-094-AD.

(a) Effective Date

    This AD is effective May 18, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 777-200, -200LR,
-300, and -300ER series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of fractured forward attach
fittings of the inboard flap outboard aft flap track. The fractured
fittings were determined to be the result of corrosion pits forming
on the inside diameter of the fittings. We are issuing this AD to
detect and correct fracture of the fitting, which could result in
the loss of the inboard aft flap and could lead to a punctured
fuselage, causing injury to the flightcrew and passengers, and
damage to the airplane.

(f) Compliance

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

(g) Inspection To Determine the Part Number

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 777-57-
0094, Revision 1, dated November 5, 2014, except as provided by
paragraph (l) of this AD: Do an inspection of the main flap of the
inboard flap assembly for affected part and serial numbers, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014. A review of airplane maintenance records is acceptable in
lieu of this inspection if the part number and serial number of the
inboard flap can be conclusively determined from that review.

(h) Additional Inspections

    If any main flap of the inboard flap assembly having an affected
part number and serial number is found during the inspection
required by paragraph (g) of this AD: Except as provided by
paragraph (l) of this AD, at the applicable time specified in
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service
Bulletin 777-57-0094, Revision 1, dated November 5, 2014, do the
terminating action specified in paragraph (k)(1), (k)(2), or (k)(3)
of this AD, or do the inspections specified in paragraph (h)(1) or
(h)(2) of this AD, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-57-
0094, Revision 1, dated November 5, 2014. Repeat the inspections
thereafter at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 777-57-
0094, Revision 1, dated November 5, 2014, until a terminating action
in paragraph (k)(1), (k)(2), or (k)(3) of this AD is done.
Accomplishing a terminating action specified in paragraph (k)(1),
(k)(2), or (k)(3) of this AD terminates the inspections required by
this paragraph for that fitting only.
    (1) At the forward attach fitting of the aft flap track of the
inboard flap: Do a detailed inspection for cracking and bushing
migration, and a high frequency eddy current inspection for
cracking, in accordance with Part 2 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-57-
0094, Revision 1, dated November 5, 2014.
    (2) At the forward attach fitting of the aft flap track of the
inboard flap: Do a detailed inspection for cracking and bushing
migration, and an ultrasound inspection for cracking, in accordance
with Part 3 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014.

(i) Corrective Action for Bushing Migration

    If any bushing migration but no cracking is found during any
inspection required by paragraph (h) of this AD: At the applicable
times specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014, do the actions specified in paragraphs (i)(1) through
(i)(3) of this AD. Accomplishment of a terminating action specified
in paragraph (i)(3) or (k) of this AD terminates the actions
required by this paragraph for that fitting only.
    (1) Apply corrosion inhibiting compound BMS 3-23, Type II,
around the bushing flanges on each side of the fitting, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014. Re-apply the corrosion inhibiting compound at the time
specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014.
    (2) Repeat the inspections specified in paragraph (h)(1) or
(h)(2) of this AD, except inspect for cracking only.
    (3) Do a terminating action specified in paragraph (i)(3)(i),
(i)(3)(ii), or (i)(3)(iii) of this AD.
    (i) Install a nested bushing to the forward attach fitting of
the aft flap track of the inboard flap, including doing all
applicable related investigative actions, in accordance with Part 4
of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014.
    (ii) Replace the forward attach fitting of the aft flap track of
the inboard flap with an aluminum fitting, including doing all
applicable related investigative actions, in accordance with Part 5
of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014.
    (iii) Replace the forward attach fitting of the aft flap track
of the inboard flap with a titanium fitting, including doing all
applicable related investigative actions, in accordance with Part 6
of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014.

(j) Corrective Actions for Cracking

    If any cracking is found during any inspection required by
paragraph (h) or (i)(3) of this AD: At the applicable time specified
in paragraph 1.E., ``Compliance,'' of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014, do
a terminating action specified in paragraph (j)(1) or (j)(2) of this
AD. Replacement of the forward attach fitting as specified in
paragraph (j)(1) or (j)(2) of this AD terminates the actions in this
AD for that fitting only.
    (1) Replace the forward attach fitting of the aft flap track of
the inboard flap with an aluminum fitting, including doing all
applicable related investigative and corrective actions, in
accordance with Part 5 of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777-57-0094, Revision 1, dated
November 5, 2014.
    (2) Replace the forward attach fitting of the aft flap track of
the inboard flap with a titanium fitting, including doing all
applicable related investigative and corrective actions, in
accordance with Part 6 of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777-57-0094, Revision 1, dated
November 5, 2014.

(k) Optional Terminating Actions

    (1) Installation of the nested bushing to the forward attach
fitting of the aft flap track of the inboard flap, in accordance
with Part 4 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014, terminates the requirements of this AD for that fitting
only, provided no cracking is found during any inspection specified
in Part 4 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014, and all corrosion has been removed.
    (2) Replacement of the forward attach fitting of the aft flap
track of the inboard flap with an aluminum fitting, in accordance
with Part 5 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014, terminates the requirements of this AD for that fitting
only.
    (3) Replacement of the forward attach fitting of the aft flap
track of the inboard flap with a titanium fitting, in accordance
with Part 6 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014, terminates the requirements of this AD for that fitting
only.

(l) Exception to the Service Information

    Where Boeing Special Attention Service Bulletin 777-57-0094,
Revision 1, dated November 5, 2014, specifies a compliance time
``after the original issue date of this service bulletin,'' this AD
requires compliance within the specified compliance time after the
effective date of this AD.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in
paragraphs (h)(1) and (h)(2) of this AD, if those actions were
performed before the effective date of this AD using Boeing Special
Attention Service Bulletin 777-57-0094, dated January 29, 2014,
which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions specified in
paragraph (h)(1) of this AD, if those actions were performed before
the effective date of this AD using Boeing Multi Operator Message
MOM-MOM-13-

0137-01B, dated February 21, 2013, which is not incorporated by
reference in this AD.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (o)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(n)(4)(i) and (n)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(o) Related Information

    (1) For more information about this AD, contact Eric Lin,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-917-
6412; 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 (p)(3) and (p)(4) of this AD.

(p) 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.
    (i) Boeing Special Attention Service Bulletin 777-57-0094,
Revision 1, dated November 5, 2014.
    (ii) Reserved.
    (3) 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.
    (4) 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.
    (5) 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 March 31, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-08359 Filed 4-12-16; 8:45 am]
 BILLING CODE 4910-13-P