[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Notices]
[Pages 11427-11428]
[FR Doc No: 2014-04383]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC14-59-000.
    Applicants: MidAmerican Geothermal, LLC, TransAlta (CE Gen)
Investment USA, Inc., CE Generation, LLC, CalEnergy, LLC, Power
Resources, Ltd., Saranac Power Partners, L.P.
    Description: Joint Application for Authorization under Section 203
of the Federal Power Act of MidAmerican Geothermal, LLC, et al.
    Filed Date: 2/20/14.
    Accession Number: 20140220-5028.
    Comments Due: 5 p.m. ET 3/13/14.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER11-4436-002; ER10-2473-003; ER10-2502-003; ER10-
2472-003; ER10-2474-003.
    Applicants: Black Hills Power, Inc., Cheyenne Light Fuel and Power
Company, Black Hills/Colorado Electric Utility Company, Black Hills
Colorado IPP, LLC, Black Hills Wyoming, LLC.
    Description: Second Amendment to June 28, 2013 Updated Market Power
Analysis of the Black Hills Corporation Public Utilities for the
Northwest Region.
    Filed Date: 2/19/14.
    Accession Number: 20140219-5203.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: ER13-738-002; ER11-3097-006; ER10-1212-005; ER10-
1186-005; ER10-1277-005; ER10-1211-005; ER10-1188-005.
    Applicants: DTE Electric Company, DTE Energy Trading, Inc., DTE
River Rouge No. 1, L.L.C., DTE Energy Supply, Inc., DTE East China,
LLC, DTE Pontiac North, LLC, DTE Stoneman, LLC.
    Description: Supplement to December 20, 2013 Notice of Change in
Status of the DTE MBR Entities.
    Filed Date: 2/7/14.
    Accession Number: 20140207-5130.
    Comments Due: 5 p.m. ET 2/28/14.

    Docket Numbers: ER14-776-001.
    Applicants: Ohio Valley Electric Corporation.
    Description: Amendment to Order Nos. 764, 764-A and 764-B
Compliance Filing to be effective 11/12/2013.
    Filed Date: 2/20/14.
    Accession Number: 20140220-5000.
    Comments Due: 5 p.m. ET 3/13/14.

    Docket Numbers: ER14-1335-000.
    Applicants: Tenaska, Inc.
    Description: Request for Limited Waiver of Tensaka, Inc.
    Filed Date: 2/18/14.
    Accession Number: 20140218-5262.
    Comments Due: 5 p.m. ET 3/11/14.

    Docket Numbers: ER14-1343-000.
    Applicants: Bargain Energy, LLC.
    Description: Bargain Energy, LLC Market Based Rate Tariff to be
effective 2/19/2014.
    Filed Date: 2/19/14.
    Accession Number: 20140219-5189.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: ER14-1344-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1374R18 Kansas Power Pool and Westar Meter Agent
Agreement to be effective 2/1/2014.
    Filed Date: 2/20/14.
    Accession Number: 20140220-5080.
    Comments Due: 5 p.m. ET 3/13/14.

    Docket Numbers: ER14-1345-000.
    Applicants: Public Service Company of Colorado.
    Description: Notice of Cancellation of pre etariff service
agreements 160-PSCo and 162-PSCo on behalf of Public Service Company of
Colorado.
    Filed Date: 2/20/14.
    Accession Number: 20140220-5098.
    Comments Due: 5 p.m. ET 3/13/14.

    Docket Numbers: ER14-1346-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 2964; Non-Queued ISA to be effective 2/3/2014.
    Filed Date: 2/20/14.
    Accession Number: 20140220-5107.
    Comments Due: 5 p.m. ET 3/13/14.

    Docket Numbers: ER14-1347-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 2656; Queue No. U2-068 to be effective 9/19/2013.
    Filed Date: 2/20/14.
    Accession Number: 20140220-5111.
    Comments Due: 5 p.m. ET 3/13/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 20, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-04383 Filed 2-27-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 22, 2010 (Volume 75, Number 14)]
[Notices]
[Page 3765-3767]
[DOCID:fr22ja10-90]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61367; File No. SR-OPRA-2009-01]

Options Price Reporting Authority; Notice of Filing and Immediate
Effectiveness of Proposed Amendment To Revise the Plan for Reporting of
Consolidated Options Last Sale Reports and Quotation Information To
Serve as the Operating Agreement for OPRA LLC

January 15, 2010.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on December 28, 2009, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information (``OPRA Plan'').\3\ The proposed
amendment would revise the OPRA Plan for the sole purpose of enabling
it to serve as the Limited Liability Company Agreement of OPRA LLC. The
Commission is publishing this notice to solicit comments from
interested persons on the proposed OPRA Plan amendment.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31,
1981). The full text of the OPRA Plan is available at http://
www.opradata.com.
     The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The seven participants to the OPRA Plan
are NASDAQW OMX BX, Inc., Chicago Board Options Exchange,
Incorporated, International Securities Exchange, LLC, NASDAQ OMX
PHLX, Inc., NASDAQ Stock Market LLC, NYSE Amex, Inc., and NYSE Arca,
Inc.
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I. Description and Purpose of the Plan Amendment

    OPRA proposes to change its structure from a committee of national
securities exchanges acting jointly pursuant to the OPRA Plan to a
limited liability company organized under the Delaware Limited
Liability Company Act of which its participating national securities
exchanges will be members. The restructured OPRA will be known as
Options Price Reporting Authority, LLC (``OPRA LLC''). To facilitate
the restructuring of OPRA, the OPRA Plan is proposed to be revised for
the sole purpose of enabling it to serve as the Limited Liability
Company Agreement

(sometimes referred to as the ``Operating Agreement'') of OPRA LLC. The
OPRA Plan as proposed to be revised was attached as Exhibit A to the
filing.
    The purpose of the amendment to the OPRA Plan is to permit the Plan
to serve as the Operating Agreement for OPRA LLC, which is the entity
that is proposed to succeed to OPRA in its current structure. In 1975,
when OPRA was first established as a registered securities information
processor (``SIP''), unlike other SIPs in existence at that time, OPRA
was not organized as an association pursuant to Articles of Association
or as any other form of organization. Instead, OPRA simply served as
the name used to describe a committee of registered national securities
exchanges acting jointly in accordance with a national market system
plan to provide consolidated last sale reports and quotation
information in accordance with Commission rules and policies that were
the predecessors of what is now contained in Rules 601 and 602 under
Regulation NMS. This structure has served OPRA well over the years.
However, OPRA has recently been advised that the very lack of a clear
identity for OPRA as an entity could give rise to uncertainty as to the
nexus between OPRA or its constituent exchanges and various states for
purpose of the application of certain state tax laws to OPRA's
activities. OPRA has been told that in order to resolve this
uncertainty OPRA should restructure itself so it clearly is an entity
separate and apart from its constituent exchanges, and that the best
way to do this is for OPRA to become a limited liability company
organized under the Delaware Limited Liability Company Act (``Delaware
Act'').
    In order to accomplish this, it is necessary for the OPRA Plan to
be amended to incorporate various provisions that will enable it to
serve as the Operating Agreement of a limited liability company under
the Delaware Act. This is reflected in the amendment to the OPRA Plan
filed herewith. In preparing this amendment, care was taken to limit
revisions to the current OPRA Plan only to those that are necessary to
accommodate its structure as an LLC (much of which consists of new
language added for federal and state income tax purposes), and not to
change any of the provisions of the Plan that govern the way in which
OPRA performs its activities as a registered SIP. Thus although the
governance structure of OPRA needs to be described in terms that apply
to an LLC under the Delaware Act, the essence of its governance remains
unchanged, so that OPRA will continue to be governed by its constituent
exchanges, each of which has one vote on matters that come before them,
subject to Commission filing and approval requirements under the
Exchange Act. Likewise, OPRA's financial structure, including the fees
it charges and how it allocates fees and expenses among the exchanges,
is not changed by this amendment. The various forms of agreements that
OPRA enters into with vendors, subscribers and others who access the
market data it provides will be changed only as necessary to reflect
the change in OPRA's structure. OPRA's procedures for the admission of
new exchanges to membership in OPRA, the way in which OPRA conducts its
capacity planning activities with the assistance of an independent
system capacity advisor and all other operational aspects of OPRA's
activities will also not be changed.
    The text of the proposed amendment to the OPRA Plan is available at
OPRA, the Commission's Public Reference Room, http://opradata.com, and
on the Commission's Web site at http://www.sec.gov.

II. Implementation of the OPRA Plan Amendment

    Pursuant to paragraph (b)(3)(ii) of Rule 608 under the Act,\4\ OPRA
designated this amendment as one concerned solely with the
administration of the Plan, or involving the governing or constituent
documents relating to any person authorized to implement or administer
the Plan on behalf of its sponsors. Accordingly, OPRA intends to put
the Plan amendment into effect upon filing it with the Commission,
having previously filed the necessary documents with the State of
Delaware to cause OPRA to be restructured as an LLC, concurrently
herewith amending its Form SIP on file with the Commission to reflect
the change in OPRA's structure, and taking such other steps as are
necessary to assure that OPRA LLC is able to succeed to the rights and
obligations of OPRA under the various contracts OPRA has entered into
with vendors, subscribers, other users of its market data, its
processor and others who perform administrative functions on behalf of
OPRA, and its independent system capacity advisor.
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    \4\ 17 CFR 242.608(b)(3)(ii).
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    The Commission may summarily abrogate the amendment within sixty
days of its filing and require refiling and approval of the amendment
by Commission order pursuant to Rule 608(b)(2) under the Act \5\ if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or the
maintenance of fair and orderly markets, to remove impediments to, and
perfect the mechanisms of, a national market system, or otherwise in
furtherance of the purposes of the Act.
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    \5\ 17 CFR 242.608(b)(2).
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III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-OPRA-2009-01 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-OPRA-2009-01. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed plan amendment that are
filed with the Commission, and all written communications relating to
the proposed plan amendment between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of OPRA. 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-OPRA-2009-01 and should be submitted on or before February
12, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(29).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-1146 Filed 1-21-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Notices]
[Page 2145-2146]
[DOCID:fr14ja10-66]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0600]

Draft Guidance for Industry on Tobacco Health Document
Submission; Availability; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of December 28, 2009 (74 FR
68629). The notice announced the availability of a draft guidance
entitled ``Tobacco Health Document Submission.'' The notice published
with an inadvertent error in the Supplementary Information, background
section. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: May Nelson, Center for Tobacco
Products, Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD 20850-3229,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In FR Doc. E9-30657, appearing on page
68629, in the Federal Register of Monday, December 28, 2009, the
following correction is made:
    1. On page 68629, in the second column, in the Supplementary
Information, I. Background section, in the second full paragraph, in
the last sentence, the date ``April 30, 2009'' is corrected to read
``April 30, 2010''.

    Dated: January 11, 2010.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2010-576 Filed 1-13-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10536-10538]
[FR Doc No: 2015-03960]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74337; File No. SR-Phlx-2015-19]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Extend
the Pilot Program Regarding Exchange Rule 1047(f)(v)

February 20, 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 February 19, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II 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 the
Substance of the Proposed Rule Change

    The Exchange proposes to extend the pilot program regarding
Exchange Rule 1047(f)(v), which provides for how the Exchange treats
obvious and catastrophic options errors in response to the Plan to
Address Extraordinary Market Volatility Pursuant to Rule 608 of
Regulation NMS under the Act (the ``Limit Up-Limit Down Plan'' or the
``Plan'').\3\ The Exchange proposes to extend the pilot period until
October 23, 2015.
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    \3\ Securities Exchange Act Release Nos. 69141 (March 15, 2013),
78 FR 17262 (March 20, 2013); and 69344 (April 8, 2013), 78 FR 22001
(April 12, 2013) (SR-Phlx-2013-29).
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/ 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    In April 2013,\4\ the Commission approved a proposal, on a one year
pilot basis, to adopt Exchange Rule 1047(f)(v)

to provide for how the Exchange will treat obvious and catastrophic
options errors in response to the Plan, which is applicable to all NMS
stocks, as defined in Regulation NMS Rule 600(b)(47).\5\ The Plan is
designed to prevent trades in individual NMS stocks from occurring
outside of specified Price Bands.\6\ The requirements of the Plan are
coupled with Trading Pauses to accommodate more fundamental price moves
(as opposed to erroneous trades or momentary gaps in liquidity).
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    \4\ Securities Exchange Act Release No. 69344 (April 8, 2013),
78 FR 22001 (April 12, 2013) (SR-Phlx-2013-29).
    \5\ The Plan was extended until February 20, 2015. The Plan was
initially approved for a one-year pilot period, which began on April
8, 2013. Securities Exchange Act Release No. 71649 (March 5, 2014),
79 FR 13696 (March 11, 2014).
    \6\ Unless otherwise specified, capitalized terms used in this
rule filing are based on the defined terms of the Plan.
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    The Exchange extended the operation of Rule 1047(f)(v), which
provides that trades are not subject to an obvious error or
catastrophic error review pursuant to Rule 1092(a)(i) or (ii) during a
Limit State or Straddle State in 2014.\7\ The Exchange now proposes to
extend the pilot program for an additional pilot period ending October
23, 2015. The Exchange believes conducting an obvious error or
catastrophic error review is impracticable given the lack of a reliable
National Best Bid/Offer (``NBBO'') in the options market during Limit
States and Straddle States, and that the resulting actions (i.e.,
nullified trades or adjusted prices) may not be appropriate given
market conditions. Under the pilot, limit orders that are filled during
a Limit State or Straddle State have certainty of execution in a manner
that promotes just and equitable principles of trade, removes
impediments to, and perfects the mechanism of a free and open market
and a national market system. Moreover, given that options prices
during brief Limit States or Straddle States may deviate substantially
from those available shortly following the Limit State or Straddle
State, the Exchange believes giving market participants time to re-
evaluate a transaction would create an unreasonable adverse selection
opportunity that would discourage participants from providing liquidity
during Limit States or Straddle States. On balance, the Exchange
believes that removing the potential inequity of nullifying or
adjusting executions occurring during Limit States or Straddle States
outweighs any potential benefits from applying those provisions during
such unusual market conditions.
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    \7\ Securities Exchange Act Release No. 71901 (April 8, 2014),
79 FR 20955 (April 14, 2014) (SR-Phlx-2014-21).
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    The Exchange believes the benefits to market participants from the
pilot program should continue on a pilot basis to coincide with the
operation of the Limit Up-Limit Down Plan. The Exchange believes that
continuing the pilot will protect against any unanticipated
consequences and permit the industry to gain further experience
operating the Plan.
    The Exchange will conduct an analysis concerning the elimination of
obvious and catastrophic error provisions during Limit States and
Straddle States and agrees to provide the Commission with relevant data
to assess the impact of this proposed rule change. As part of its
analysis, the Exchange will: (1) Evaluate the options market quality
during Limit States and Straddle States; (2) assess the character of
incoming order flow and transactions during Limit States and Straddle
States; and (3) review any complaints from members and their customers
concerning executions during Limit States and Straddle States.
Additionally, the Exchange agrees to provide to the Commission data
requested to evaluate the impact of the elimination of the obvious and
catastrophic error provisions, including data relevant to assessing the
various analyses noted above. By May 29, 2015, the Exchange shall
provide to the Commission and the public assessments relating to the
impact of the operation of the obvious error rules during Limit and
Straddle States as follows: \8\
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    \8\ The Exchange submitted a pilot report on September 30, 2014.
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    1. Evaluate the statistical and economic impact of Limit and
Straddle States on liquidity and market quality in the options markets.
    2. Assess whether the lack of obvious error rules in effect during
the Straddle and Limit States are problematic.
    Each month the Exchange shall provide to the Commission and the
public a dataset containing the data for each Straddle and Limit State
in optionable stocks that had at least one trade on the Exchange during
a Straddle or Limit State. For each of those options affected, each
data record should contain the following information:
     Stock symbol, option symbol, time at the start of the
Straddle or Limit State, an indicator for whether it is a Straddle or
Limit State,
     For activity on the Exchange:
     executed volume, time-weighted quoted bid-ask spread,
time-weighted average quoted depth at the bid, time-weighted average
quoted depth at the offer,
     high execution price, low execution price,
     number of trades for which a request for review for error
was received during Straddle and Limit States,
     an indicator variable for whether those options outlined
above have a price change exceeding 30% during the underlying stock's
Limit or Straddle State compared to the last available option price as
reported by OPRA before the start of the Limit or Straddle State (1 if
observe 30% and 0 otherwise). Another indicator variable for whether
the option price within five minutes of the underlying stock leaving
the Limit or Straddle State (or halt if applicable) is 30% away from
the price before the start of the Limit or Straddle State.\9\
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    \9\ The Exchange agreed to provide similar data in the original
proposal. See Securities Exchange Act Release No. 69344 (April 8,
2013), 78 FR 22001 (April 12, 2013) (SR-Phlx-2013-29) at notes 4 and
12. However, that data included two additional filters pertaining to
the top 10 options and an in-the-money amount, which no longer
apply. The Exchange provided historical data in the new form
pursuant to this proposed rule change, going back to the beginning
of the original pilot period.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the provisions of Section 6 of the Act,\10\ in general, and with
Section 6(b)(5) of the Act,\11\ in particular, which requires that the
rules of an exchange be designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanism of
a free and open market and a national market system, and protect
investors and the public interest, because it should continue to
provide certainty about how errors involving options orders and trades
will be handled during periods of extraordinary volatility in the
underlying security. The Exchange believes that it continues to be
necessary and appropriate in the interest of promoting fair and orderly
markets to exclude transactions executed during a Limit State or
Straddle State from certain aspects of Rule 1092.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
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    Although the Limit Up-Limit Down Plan is operational, the Exchange
believes that maintaining the pilot will help the industry gain further
experience operating the Plan as well as the pilot provisions.
    Based on the foregoing, the Exchange believes the benefits to
market participants should continue on a pilot basis to coincide with
the operation of the Limit Up-Limit Down Plan.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Specifically, the proposal does not impose an intra-market burden on
competition, because it will apply to all members. Nor will the
proposal impose a burden on competition among the options exchanges,
because, in addition to the vigorous competition for order flow among
the options exchanges, the proposal addresses a regulatory situation
common to all options exchanges. To the extent that market participants
disagree with the particular approach taken by the Exchange herein,
market participants can easily and readily direct order flow to
competing venues. The Exchange believes this proposal will not impose a
burden on competition and will help provide certainty during periods of
extraordinary volatility in an NMS stock.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest,
as it will allow the obvious error pilot program to continue
uninterrupted while the industry gains further experience operating
under the Plan, and avoid any investor confusion that could result from
a temporary interruption in the pilot program. For this reason, the
Commission designates the proposed rule change to be operative upon
filing.\14\
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    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2015-19 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-Phlx-2015-19. 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-Phlx-2015-19, and should be
submitted on or before March 19, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-03960 Filed 2-25-15; 8:45 am]
BILLING CODE 8011-01-P


Document Name:                                   Draft National Disaster Recovery Framework, February 5, 2010 Organization Name (if applicable):   POC Name and Contact Information:                                 SECTION/CHAPTER                                         PAGE                                      LINE                                 Type of Comment                                S =  Substantive                                    A= Admin                                     COMMENT                                                                  RECOMMENDED CHANGE LANGUAGE


[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Rules and Regulations]
[Pages 31386-31389]
[FR Doc No: 2013-11903]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1163; Directorate Identifier 2011-NM-246-AD;
Amendment 39-17456; AD 2013-10-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for all Airbus Model A330-200 and -300 series airplanes; and Model
A340-200, -300, -500, and -600 series airplanes. That AD currently
requires a one-time detailed inspection of both main landing gear (MLG)
bogie beams in the region of the bogie stop pad for detection of
deformation and damage, and corrective actions if necessary. This new
AD adds Model A330-200 Freighter series airplanes to the applicability.
For certain airplanes, this new AD also adds repetitive inspections for
damage and corrosion of the sliding piston sub-assembly, with new
related investigative and corrective actions. This AD was prompted by
reports of corroded bogie stop pads, including some with cracking. We
are issuing this AD to detect and correct deformation or damage under
the bogie stop pad of both MLG bogie beams, which could result in a
damaged bogie beam and consequent detachment of the beam from the
airplane or collapse of the MLG and departure of the airplane from the
runway.

DATES: This AD becomes effective June 28, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 28,
2013.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of March
4, 2010 (75 FR 4477, January 28, 2010).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on November 16, 2012
(77 FR 68711), and proposed to supersede AD 2010-02-10, Amendment 39-
16181 (75 FR 4477, January 28, 2010). That NPRM proposed to correct an
unsafe condition for the specified products. The European Aviation
Safety Agency (EASA), which is the Technical Agent for the Member
States of the European Community has issued EASA Airworthiness
Directive 2011-0211, dated October 31, 2011 (referred to after this as
``the MCAI''), to supersede EASA AD 2008-0223, dated December 15, 2008
(referred to in the existing AD), and correct an unsafe condition for
the specified products. The MCAI states:

    During a scheduled maintenance inspection on the MLG [main
landing gear], the bogie stop pad was found deformed and cracked.
Upon removal of the bogie stop pad for replacement, the bogie beam
was also found cracked.
    Laboratory investigation indicates that an overload event has
occurred and no fatigue propagation of the crack was evident.
    A second bogie beam crack has subsequently been found on another
aeroplane, located under a bogie stop pad which only had superficial
paint damage.
    This condition, if not detected and corrected, could result in
the aeroplane departing the runway or to the bogie detaching from
the aeroplane or gear collapses, which would all constitute unsafe
conditions at speeds above 30 knots.
    As a precautionary measure, EASA AD 2008-0223 [which corresponds
to FAA AD 2010-02-10, Amendment 39-16181 (75 FR 4477, January 28,
2010] required one-time detailed inspections under the bogie stop
pad of both MLG bogie beams and, in case deformation or damage is
detected, to apply the associated repair.
    Numerous bogie stop pad were found corroded and a few cracked as
a result of the one-time inspection required by EASA AD 2008-0223 on
A330, A340-200 and A340-300 aeroplanes.
    For the reasons describe above, this [EASA] AD, which supersedes
EASA AD 2008-0223:

--retains the initial inspection requirement of EASA AD 2008-0223
for A330, A340-200 and A340-300 aeroplanes.
--introduces a repetitive detailed visual inspection for A330, A340-
200 and A340-300 aeroplanes.
--retains the requirement of EASA AD 2008-0223 for A340-500 and
A340-600 aeroplanes, for which further mandatory requirements might
follow in future depending on the results of the one-time mandatory
inspection in place.

The required actions include repetitive detailed inspections for damage
and corrosion of the sliding piston sub-assembly, with new related
investigative and corrective actions. Related investigative actions
include a test for indications of corrosion and damage to the bogie
assembly base material, and a magnetic particle inspection for cracks,
corrosion, and damage of the bogie beam. Corrective actions include
repairing affected parts. You may obtain further information by
examining the MCAI in the AD docket.

Revised Service Information

    Since we issued the NPRM (77 FR 68711, November 16, 2012), we have
reviewed the following revised service information. No additional work
is specified by these revisions.
     Airbus Mandatory Service Bulletin A330-32-3220, Revision
02, dated December 13, 2012 (for Model A330-200 and -300 series
airplanes).
     Airbus Mandatory Service Bulletin A330-32-3248, Revision
01, including Appendix 1, dated December 13, 2012 (for Model A330-200,
-200 Freighter, and -300 series airplanes).
    We have revised paragraphs (i) and (j) of this AD to refer to the
revised service information, added a new paragraph (l) to give credit
for earlier revisions of this service information, and re-identified
subsequent paragraphs accordingly.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Remove or Revise Reporting Requirement

    Delta Air Lines, Inc. (Delta) asked that the compliance time for
the reporting requirement specified in the NPRM (77 FR 68711, November
16, 2012) be extended from 30 to 180 days. Delta stated that, unless we
plan to rescind or revise this AD in the near future based on the
findings, paragraph (l)(1) of the NPRM (paragraph (m)(1) of the final
rule) should be removed. Delta also recommended that the reporting be
mandated only for positive findings--not positive and negative
findings--and specifically for those findings that are beyond the
repair limits identified in the applicable component maintenance
manual. Delta stated that this would allow findings to be batched
together for a grouped report and would preclude undue compliance
issues related to late reporting.

    We do not agree to remove the reporting requirement in paragraph
(m) of this AD. The reporting requirement is included in the
requirements in the EASA AD, and our AD follows those requirements in
order to ensure that the unsafe condition is adequately addressed.
Reporting of both positive and negative findings is necessary to
determine the scope of the problem. Reporting all findings will allow
the manufacturer to conduct statistical analyses and apply the results
to calculate more accurate life limits for the affected parts. We have
made no change to the AD in this regard.
    In addition, we do not agree to extend the compliance time for the
reporting requirement to 180 days; however, we will extend it to 90
days to be consistent with the compliance time for the reporting
requirement in the EASA AD referred to in this AD. We have changed the
compliance time for the reporting requirement in paragraph (m) of this
AD accordingly.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We also determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD affects
about 67 products of U.S. registry.
    The actions that are required by AD 2010-02-10, Amendment 39-16181
(75 FR 4477, January 28, 2010), and retained in this AD take about 2
work-hours per product, at an average labor rate of $85 per work hour.
Based on these figures, the estimated cost of the currently required
actions is $170 per product.
    We estimate that it will take about 16 work-hours per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of the AD on U.S. operators to be $91,120, or $1,360 per product.
    We have received no definitive data that will enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 68711, November 16,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2010-02-10, Amendment 39-16181 (75 FR 4477, January 28, 2010), and
adding the following new AD:

2013-10-03 Airbus: Amendment 39-17456. Docket No. FAA-2012-1163;
Directorate Identifier 2011-NM-246-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 28,
2013.

(b) Affected ADs

    This AD supersedes AD 2010-02-10, Amendment 39-16181 (75 FR
4477, January 28, 2010).

(c) Applicability

    This AD applies to all Airbus Model A330-201, -202, -203, -223,
-223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes; Model A340-211, -212, -213, -311, -312, -313
airplanes; and Model A340-541 and -642 airplanes; certificated in
any category; all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 32: Landing
gear.

(e) Reason

    This AD was prompted by reports of corroded bogie stop pads,
some with cracking. We are issuing this AD to detect and correct
deformation or damage under the bogie stop pad of both main landing
gear (MLG) bogie beams, which could result in a damaged bogie beam
and consequent detachment of the beam from the airplane or collapse
of the MLG and departure of the airplane from the runway.

(f) Compliance

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

(g) Retained One-Time Inspection and Corrective Actions, With Revised
Service Information

    This paragraph restates the requirements of paragraph (f)(1) of
AD 2010-02-10, Amendment 39-16181 (75 FR 4477, January 28, 2010),
with revised service information. For Model A330-200 and -300 series
airplanes, and Model A340-200, -300, -500, and -600 series
airplanes, except as required

by paragraph (i) of this AD: At the applicable compliance time
specified in paragraph (g)(1), (g)(2), (g)(3), (g)(4), (g)(5), or
(g)(6) of this AD, perform one-time detailed inspections of both MLG
bogie beams in the region of the bogie stop pad for detection of
deformation and damage, and apply the applicable corrective actions,
in accordance with the Accomplishment Instructions of the applicable
service bulletin specified in paragraph (g)(7) of this AD. Do all
applicable corrective actions before further flight.
    (1) Airplanes with 22 months or less and 2,500 flight cycles or
less from the first flight with the original bogie beam as of March
4, 2010 (the effective date of AD 2010-02-10, Amendment 39-16181 (75
FR 4477, January 28, 2010)): Not earlier than 2,500 flight cycles or
22 months on the original bogie beam, whichever occurs first, but
not later than 40 months from first flight.
    (2) Airplanes with 22 months or less and 2,500 flight cycles or
less from the installation date of a new bogie beam in service as of
March 4, 2010 (the effective date of AD 2010-02-10, Amendment 39-
16181 (75 FR 4477, January 28, 2010)): Not earlier than 2,500 flight
cycles or 22 months from the installation date of the new bogie
beam, whichever occurs first, but not later than 40 months from the
installation date of a new bogie beam in service.
    (3) Airplanes with 22 months or less and 2,500 flight cycles or
less from the installation date of an overhauled bogie beam in
service as of March 4, 2010 (the effective date of AD 2010-02-10,
Amendment 39-16181 (75 FR 4477, January 28, 2010)): Not earlier than
2,500 flight cycles or 22 months from the installation date of the
overhauled bogie beam in service, whichever occurs first, but not
later than 40 months from the installation date of the overhauled
bogie beam in service.
    (4) Airplanes with more than 22 months or more than 2,500 flight
cycles from the first flight with the original bogie beam, as of
March 4, 2010 (the effective date of AD 2010-02-10, Amendment 39-
16181 (75 FR 4477, January 28, 2010)): Within 18 months after March
4, 2010 (the effective date of AD 2010-02-10).
    (5) Airplanes with more than 22 months or more than 2,500 flight
cycles from the installation date of a new bogie beam in service, as
of March 4, 2010 (the effective date of AD 2010-02-10, Amendment 39-
16181 (75 FR 4477, January 28, 2010)): Within 18 months after March
4, 2010 (the effective date of AD 2010-02-10).
    (6) Airplanes with more than 22 months or more than 2,500 flight
cycles from the installation date of an overhauled bogie beam in
service, as of March 4, 2010 (the effective date of AD 2010-02-10,
Amendment 39-16181 (75 FR 4477, January 28, 2010)): Within 18 months
after March 4, 2010 (the effective date of AD 2010-02-10).
    (7) Use the applicable service information to accomplish the
actions required by paragraph (g) of this AD.
    (i) For Model A330-200 and -300 series airplanes: Airbus
Mandatory Service Bulletin A330-32-3220, dated October 10, 2008;
Revision 01, dated October 5, 2011; or Revision 02, dated December
13, 2012.
    (ii) For Model A340-200 and -300 series airplanes: Airbus
Mandatory Service Bulletin A340-32-4264, dated October 10, 2008.
    (iii) For Model A340-500 and -600 series airplanes: Airbus
Mandatory Service Bulletin A340-32-5087, dated October 10, 2008.

(h) Retained Reporting Requirement

    This paragraph restates the requirements of paragraph (f)(2) of
AD 2010-02-10, Amendment 39-16181 (75 FR 4477, January 28, 2010).
Report the results of the inspection required by paragraph (g) of
this AD, including no findings, to Airbus, Customer Services
Directorate, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex
France; Attn: SEDCC1 Technical Data and Documentation Services; fax
(+33) 5 61 93 28 06; email<EMAIL_ADDRESS>at the
applicable time specified in paragraph (h)(1) or (h)(2) of this AD.
    (1) If the inspection is done on or after March 4, 2010 (the
effective date of AD 2010-02-10, Amendment 39-16181 (75 FR 4477,
January 28, 2010)): Submit the report within 30 days after doing the
inspection.
    (2) If the inspection was done prior to March 4, 2010 (the
effective date of AD 2010-02-10, Amendment 39-16181 (75 FR 4477,
January 28, 2010)): Submit the report within 30 days after March 4,
2010 (the effective date of AD 2010-02-10).

(i) New Inspections of Beams That Have Not Been Inspected As of the
Effective Date of This AD

    For bogie beams on which the inspection required by paragraph
(g) of this AD has not been accomplished as of the effective date of
this AD: At the later of the times specified in paragraphs (i)(1)
and (i)(2) of this AD, perform one-time detailed inspections of both
MLG bogie beams in the region of the bogie stop pad for detection of
deformation and damage, and apply the applicable corrective actions,
in accordance with the Accomplishment Instructions of the applicable
service information specified in paragraph (i)(3) of this AD. Do all
applicable corrective actions before further flight.
    (1) At the applicable time specified in paragraph (i)(1)(i) or
(i)(1)(ii) of this AD.
    (i) For bogie beams that have not been overhauled: Not earlier
than 2,500 flight cycles or 22 months, whichever occurs first, on a
bogie beam since its first flight on an airplane since new, but not
later than 40 months since its first flight on an airplane since
new.
    (ii) For bogie beams that have been overhauled: Not earlier than
2,500 flight cycles or 22 months, whichever occurs first, on a bogie
beam since its first flight on an airplane after its most recent
overhaul, but not later than 40 months since its first flight on an
airplane after its most recent overhaul.
    (2) Within 90 days after the effective date of this AD.
    (3) Use the applicable service information specified in
paragraph (i)(3)(i), (i)(3)(ii), or (i)(3)(iii) of this AD, to
accomplish the actions required by paragraph (i) of this AD.
    (i) For Model A330-200 and -300 series airplanes: Airbus
Mandatory Service Bulletin A330-32-3220, Revision 02, dated December
13, 2012.
    (ii) For Model A340-200 and -300 series airplanes: Airbus
Mandatory Service Bulletin A340-32-4264, dated October 10, 2008.
    (iii) For Model A340-500 and -600 series airplanes: Airbus
Mandatory Service Bulletin A340-32-5087, dated October 10, 2008.

(j) New Repetitive Inspections

    Except for bogie beams that have been inspected as specified in
Airbus Mandatory Service Bulletin A340-32-5087: At the later of the
times specified in paragraphs (j)(1) and (j)(2) of this AD, do the
detailed inspection of both MLG bogie beams in the bogie stop pad
area for damage and corrosion, and all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A330-32-3248, Revision 01, dated December 13, 2012 (for Model A330-
200, -200 Freighter, and -300 series airplanes); or Airbus Mandatory
Service Bulletin A340-32-4286, dated October 5, 2011 (for Model
A340-200 and -300 series airplanes); except as required by paragraph
(k) of this AD. Do all applicable related investigative and
corrective actions before further flight. Repeat the inspection
thereafter at intervals not to exceed 2,500 flight cycles or 24
months, whichever is first.
    (1) Within 2,500 flight cycles or 24 months, whichever occurs
first, accumulated by a MLG bogie beam since its first flight after
the most recent accomplishment of Airbus Mandatory Service Bulletin
A330-32-3220 or A340-32-4264, as applicable.
    (2) Within 3 months after the effective date of this AD.

(k) Service Information Exception

    If any cracking of the bogie beam is detected during any
inspection or repair required by paragraph (j) of this AD, or any
repair required by paragraph (j) of this AD is beyond the maximum
repair allowance specified in the applicable service information
required by paragraph (j) of this AD: Before further flight, repair
using a method approved by either the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the European
Aviation Safety Agency (EASA) (or its delegated agent).

(l) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraphs (i) and (j) of this AD, if those actions were performed
before the effective date of this AD using Airbus Mandatory Service
Bulletin A330-32-3220, dated October 10, 2008, or Airbus Mandatory
Service Bulletin A330-32-3220, Revision 01, dated October 5, 2011;
or Airbus Mandatory Service Bulletin A330-32-3248, dated October 5,
2011; as applicable; which are not incorporated by reference in this
AD.

(m) New Reporting Requirement

    Report the results of the initial inspection required by
paragraph (j) of this AD, including both positive and negative
findings, to Airbus, Customer Services Directorate, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex France; Attn: SEDCC1 Technical
Data and Documentation Services; fax (+33) 5 61 93 28 06; email
<EMAIL_ADDRESS>at the applicable

time specified in paragraph (m)(1) or (m)(2) of this AD.
    (1) If the inspection is done on or after the effective date of
this AD: Submit the report within 90 days after doing the
inspection.
    (2) If the inspection was done prior to the effective date of
this AD: Submit the report within 90 days after the effective date
of this AD.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
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. The AMOC approval letter must specifically reference this
AD. AMOCs approved previously in accordance with AD 2010-02-10,
Amendment 39-16181 (75 FR 4477, January 28, 2010), are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing, and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(o) Special Flight Permits

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed if any crack is found during any
inspection required by this AD.

(p) Related Information

    (1) Refer to mandatory continued airworthiness information
(MCAI) EASA Airworthiness Directive 2011-0211, dated October 31,
2011, and the service information specified in paragraphs (p)(1)(i)
through (p)(1)(vii) of this AD, for related information.
    (i) Airbus Mandatory Service Bulletin A330-32-3220, dated
October 10, 2008.
    (ii) Airbus Mandatory Service Bulletin A330-32-3220, Revision
01, dated October 5, 2011.
    (iii) Airbus Mandatory Service Bulletin A330-32-3220, Revision
02, dated December 13, 2012.
    (iv) Airbus Mandatory Service Bulletin A330-32-3248, Revision
01, including Appendix 01, dated December 13, 2012.
    (v) Airbus Mandatory Service Bulletin A340-32-4264, dated
October 10, 2008.
    (vi) Airbus Mandatory Service Bulletin A340-32-4286, dated
October 5, 2011.
    (vii) Airbus Mandatory Service Bulletin A340-32-5087, dated
October 10, 2008.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may review copies of the
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>.

(q) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
June 28, 2013.
    (i) Airbus Mandatory Service Bulletin A330-32-3220, Revision 01,
dated October 5, 2011.
    (ii) Airbus Mandatory Service Bulletin A330-32-3220, Revision
02, dated December 13, 2012.
    (iii) Airbus Mandatory Service Bulletin A330-32-3248, Revision
01, including Appendix 01, dated December 13, 2012.
    (iv) Airbus Mandatory Service Bulletin A340-32-4286, dated
October 5, 2011.
    (4) The following service information was approved for IBR on
March 4, 2010 (75 FR 4477, January 28, 2010).
    (i) Airbus Mandatory Service Bulletin A330-32-3220, dated
October 10, 2008.
    (ii) Airbus Mandatory Service Bulletin A340-32-4264, dated
October 10, 2008.
    (iii) Airbus Mandatory Service Bulletin A340-32-5087, dated
October 10, 2008.
    (5) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (6) You may review copies of the 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>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 13, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-11903 Filed 5-23-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Rules and Regulations]
[Pages 10417-10419]
[FR Doc No: 2019-05372]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0169]
RIN 1625-AA00

Safety Zone; Missouri River, Miles 360-450, Kansas City, MO to
St. Joseph, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Missouri River from mile marker (MM) 360 to MM
450 between Kansas City, MO and St. Joseph, MO. This action is
necessary to provide for the safety of persons, vessels, and the marine
environment on these navigable waters as a result of increasing flood
conditions on the river that is threatening to overtop levees. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Upper Mississippi River
(COTP) or a designated representative.

DATES: This rule is effective without actual notice from March 21, 2019
until April 1, 2019. For the purposes of enforcement, actual notice
will be provided from 5 p.m. on March 15, 2019 until March 21, 2019.
This rule may be cancelled earlier if the project is completed before
April 1, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0169 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christian Barger, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
USACE United States Army Corps of Engineers
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because it is impracticable. It is impracticable because we must
establish this safety zone immediately and lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing this rule. The NPRM process would delay the
establishment of the safety zone and compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to public interest because immediate action is necessary to
respond to the potential safety hazards associated with floodwaters
threatening to overtop levees along the river.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP has determined that potential hazards associated with
flood waters threaten to overtop levees along the river. The USACE
Kansas City District has expressed concern that vessel traffic in the
affected area could cause damage to the levees resulting in overtopping
or failure. This rule is necessary to ensure the safety of persons,
vessels, and the marine environment on these navigable waters due to
the flood impacts to USACE levees.

IV. Discussion of the Rule

    On March 15, 2019, the USACE Kansas City District contacted the
Coast Guard to report an increase in flood waters approaching the tops
of levees along the Missouri River between Mile Marker (MM) 360 and MM
450 and requested a river closure to ensure the safety of persons,
vessels, and the marine environment that would result if floodwaters
overtop the levees. This rule establishes a temporary safety zone from
March 15, 2019 until April 1, 2019, or until cancelled by the COTP,
whichever occurs first. The safety zone will cover all navigable waters
of the Missouri River from MM 360 to MM 450, unless reduced in scope by
the COTP as flood conditions warrant.
    No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard (USCG) assigned to units under
the operational control of USCG Sector Upper Mississippi River. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River
at<PHONE_NUMBER>. Persons and vessels permitted to enter the safety zone
must comply with all lawful orders or directions issued by the COTP or
designated representative. The COTP or a designated representative will
inform the public of the effective period for the safety zone as well
as any changes in the dates and times of enforcement, as well as
reductions in size of the safety zone as flood conditions improve,
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Marine Safety Information Bulletins (MSIBs), as
appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the emergency
nature of the action and after consultation with representatives of the
shipping industries that use this reach of river indicate that the many
shipping companies have already made arrangements to avoid this area.
Moreover, the Coast Guard will issue a BNM via VHF-FM marine channel 16
about the zone, and the rule allows vessels to seek permission to enter
the zone on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in

understanding this rule. If the rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a temporary safety zone prohibiting entry on a ninety mile stretch of
the Missouri River that is experiencing significant flooding that is
impacting levees. It is categorically excluded from further review
under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination will be made available in the docket
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0169 to read as follows:

Sec.  165.T08-0169  Safety Zone; Missouri River, Miles 360-450, Kansas
City, MO to St. Joseph, MO.

    (a) Location. The following area is a safety zone: all navigable
waters of the Missouri River from mile marker (MM) 360 to MM 450. This
section will be enforced on all navigable waters of the Missouri River
from MM 360 to MM 450, unless reduced in scope by the Captain of the
Port Sector Upper Mississippi River (COTP) as flood conditions warrant.
    (b) Effective period. This rule is effective without actual notice
from March 21, 2019 until April 1, 2019. For the purposes of
enforcement, actual notice will be provided from 5 p.m. on March 15,
2019 until March 21, 2019. This rule may be cancelled earlier if the
project is completed before April 1, 2019.
    (c) Regulations. (1) In accordance with the general safety zone
regulations in Sec.  165.23, entry of persons or vessels into this
safety zone described in paragraph (a) of this section is prohibited
unless authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned to units under the operational
control of USCG Sector Upper Mississippi River.
    (2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at<PHONE_NUMBER>. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement, as well as reductions in size of the safety zone as flood
conditions improve, through Local Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins
(MSIBs) as appropriate.

    Dated: March 15, 2019.
R. M. Scott,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper
Mississippi River.
[FR Doc. 2019-05372 Filed 3-20-19; 8:45 am]
 BILLING CODE 9110-04-P