[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31025-31026]
[FR Doc No: 2012-12588]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Oncologic Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.

    Name of Committee: Oncologic Drugs Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on July 25, 2012, from 8
a.m. to 12:30 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave.,
Building 31 Conference Center, the Great Room (Rm. 1503), Silver
Spring, MD 20993-0002. Information regarding special accommodations
due to a disability, visitor parking, and transportation may be
accessed at: http://www.fda.gov/AdvisoryCommittees/default.htm;
under the heading ``Resources for You,'' click on ``Public Meetings
at the FDA White Oak Campus.'' Please note that visitors to the
White Oak Campus must enter through Building 1.

    Contact Person: Minh Doan, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, Fax:
301-847-8533, email<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area), and follow the prompts to the desired center or product area.
Please call the Information Line for up-to-date information on this
meeting. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the Agency's Web site and
call the appropriate advisory committee hot line/phone line to learn
about possible modifications before coming to the meeting.
    Agenda: The committee will discuss and provide general advice on
the extent to which, if any, the pre-surgical identification of
clear cell carcinoma of the kidney using an imaging test provides
useful clinical information.
    FDA intends to make background material available to the public
no later than 2 business days before the meeting. If FDA is unable
to post the background material on its Web site prior to the
meeting, the background material will be made publicly available at
the location of the advisory committee meeting, and the background
material will be posted on FDA's Web site after the meeting.
Background material is available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the
appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
July 10, 2012. Oral presentations from the public will be scheduled
between approximately 10:30 a.m. and 11:30 a.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
June 29, 2012. Time allotted for each presentation may be limited.
If the number of registrants requesting to speak is greater than can
be reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by July
2, 2012.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to
electrical outlets.
    FDA welcomes the attendance of the public at its advisory
committee meetings and will make every effort to accommodate persons
with physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Minh Doan at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory
committee meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for
procedures on public conduct during advisory committee meetings.
Notice of this meeting is given under the Federal Advisory Committee
Act (5 U.S.C. app. 2).

    Dated: May 17, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-12588 Filed 5-23-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28742-28743]
[FR Doc No: 2013-11626]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0375]

Safety Zone; Milwaukee Harbor, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the 2013
Pridefest

fireworks on June 8, 2013, from 9:15 p.m. until 10:15 p.m. If the
fireworks display is cancelled due to inclement weather, then the zone
will be enforced on June 9, 2013, from 9:15 p.m. until 10:15 p.m. This
action is necessary and intended to ensure safety of life on the
navigable waters immediately prior to, during, and immediately after
the fireworks display. During the aforementioned periods, the Coast
Guard will enforce restrictions upon, and control movement of, vessels
in the safety zone. No person or vessel may enter the safety zone while
it is being enforced without permission of the Captain of the Port,
Lake Michigan.

DATES: This regulation will be enforced from 9:15 p.m. until 10:15 p.m.
on June 8, 2013. If the fireworks display is cancelled due to inclement
weather, then the zone will be enforced on June 9, 2013, from 9:15 p.m.
until 10:15 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email MST1 Joseph McCollum, Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
listed in 33 CFR 165.935, Safety Zone, Milwaukee Harbor, Milwaukee, WI,
for the 2013 Pridefest fireworks. This zone will be enforced from 9:15
p.m. until 10:15 p.m. on June 8, 2013. If the fireworks display is
cancelled due to inclement weather, then the zone will be enforced on
June 9, 2013, from 9:15 p.m. until 10:15 p.m.
    All vessels must obtain permission from the Captain of the Port,
Lake Michigan, or his or her on-scene representative to enter, move
within, or exit the safety zone. Vessels and persons granted permission
to enter the safety zone shall obey all lawful orders or directions of
the Captain of the Port, Lake Michigan, or his or her on-scene
representative. While within a safety zone, all vessels shall operate
at the minimum speed necessary to maintain a safe course.
    This notice is issued under authority of 33 CFR 165.935 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of the enforcement period via broadcast Notice to Mariners
or Local Notice to Mariners. If the Captain of the Port, Lake Michigan,
determines that the safety zone need not be enforced for the full
duration stated in this notice, he or she may use a Broadcast Notice to
Mariners to grant general permission to enter the safety zone. The
Captain of the Port, Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16.

    Dated: May 6, 2013.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-11626 Filed 5-15-13; 8:45 am]
BILLING CODE 9110-04-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 19, 2004

	   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-18346

________________________________________________________________________
______________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    US Airways, Inc.          filed   6/16/04  for:

XX Exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States, on the one hand, and
Dominica; Trinidad & Tobago; Haiti; and Curacao and Bonaire, Netherlands
Antilles, on the other hand.  US Airways also requests to integrate this
authority with its existing exemption and certificate authority.

Applicant rep:   Howard Kass<PHONE_NUMBER>   DOT Analyst:  Sylvia
Moore<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:  October 19, 2004, through
October 19, 2006

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and the United Kingdom, to which Dominica
acceded upon its independence, the United States and

Trinidad & Tobago, the United States and the Netherlands Antilles, and
the overall state of aviation relations between the United States and
Haiti.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority granted should be construed as
conferring upon US Airways rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless US Airways notifies the Department of its intent to serve
such a market and unless and until the Department has completed any

necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included

in US Airways’ authority by virtue of the route integration exemption
granted here, but that are not then being used by US Airways, the
holding of such authority by route integration will not be considered as
providing any preference for US Airways in a competitive carrier
selection proceeding to determine which carrier(s) should be entitled to
use the authority at issue.

2

On the basis of data officially noticeable under Rule 24(n) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

											  05/2004


[Federal Register: October 2, 2008 (Volume 73, Number 192)]
[Notices]
[Page 57376-57377]
[DOCID:fr02oc08-99]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1785-DR]

Florida; Amendment No. 10 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Florida (FEMA-1785-DR), dated August 24, 2008, and
related determinations.

DATES: Effective Date: September 24, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Florida is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of August 24, 2008.

    Martin County for Individual Assistance.
    Alachua, Gadsden, and Liberty Counties for Individual Assistance
(already designated for Public Assistance).
    Lee County for Public Assistance (already designated for
Individual Assistance).

[The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036;
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.]

R. David Paulison,
Administrator, Federal Emergency Management Agency.
 [FR Doc. E8-23254 Filed 10-1-08; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46332-46335]
[FR Doc No: 2017-21273]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81745; File Nos. SR-DTC-2017-014; SR-NSCC-2017-013; SR-
FICC-2017-017]

Self-Regulatory Organizations; The Depository Trust Company;
National Securities Clearing Corporation; Fixed Income Clearing
Corporation; Order Approving Proposed Rule Changes To Adopt the
Clearing Agency Operational Risk Management Framework

September 28, 2017.

I. Introduction

    On July 25, 2017, The Depository Trust Company (``DTC''), Fixed
Income Clearing Corporation (``FICC''), and National Securities
Clearing Corporation (``NSCC,'' each a ``Clearing Agency,'' and
collectively with DTC and FICC, the ``Clearing Agencies''), filed with
the Securities and Exchange Commission (``Commission'') proposed rule
changes SR-DTC-2017-014, SR-NSCC-2017-013, and SR-FICC-2017-017,
respectively, pursuant to Section 19(b)(1) of the Securities Exchange
Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The proposed
rule changes were published for comment in the Federal Register on
August 14, 2017.\3\ The Commission did not receive any comment letters
on the proposed rule changes. For the reasons discussed below, the
Commission approves the proposed rule changes.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 81338 (August 8, 2017),
82 FR 36049 (August 14, 2017) (SR-DTC-2017-014, SR-NSCC-2017-013,
SR-FICC-2017-017) (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Changes

    The proposed rule changes would adopt the Clearing Agency
Operational Risk Management Framework (``Framework'') of the Clearing
Agencies, as described below.

A. Overview of the Framework

    The Framework would describe how each of Clearing Agency manages
operational risk. Operational risk is defined by the Clearing Agencies
in the Framework as the risk of direct or indirect loss or reputational
harm resulting from an event, internal or external, that is the result
of inadequate or failed processes, people, and systems (``Operational
Risk'').\4\ More specifically, the Framework would describe how the
Clearing Agencies (i) manage Operational Risk; (ii) manage their
information technology risks; and (iii) manage their business
continuity risks.\5\ The DTCC Operational Risk Management group
(``ORM'') would maintain the Framework, on behalf of the Clearing
Agencies.\6\
---------------------------------------------------------------------------

    \4\ Notice, 82 FR at 37943.
    \5\ Id.
    \6\ Id. The parent company of the Clearing Agencies is The
Depository Trust & Clearing Corporation (``DTCC''). DTCC operates on
a shared services model with respect to the Clearing Agencies. Most
corporate functions are established and managed on an enterprise-
wide basis pursuant to intercompany agreements under which it is
generally DTCC that provides a relevant service to a Clearing
Agency.
---------------------------------------------------------------------------

B. Operational Risk Management

    The Framework would describe how ORM is charged with establishing
appropriate systems, policies, procedures, and controls to enable the
Clearing Agencies to identify plausible sources of Operational Risk.\7\
---------------------------------------------------------------------------

    \7\ Notice, 82 FR at 37943.
---------------------------------------------------------------------------

    Specifically, the Framework would describe how the Clearing
Agencies identify key risks, including Operational Risk, and set
metrics to categorize such risks (e.g., from ``no impact'' to ``severe
impact'') through ``Risk Tolerance Statements.'' \8\ The Framework
would describe how the Risk Tolerance Statements identify the overall
risk reduction or mitigation objectives of the Clearing Agencies, with
respect to identified risks to the Clearing Agencies.\9\ The Framework
would also explain how the Risk Tolerance Statements document the risk
controls and other measures the Clearing Agencies would use to manage
such identified risks (including escalation requirements in the event
of risk metric breaches). The Framework would state that ORM would
annually review, revise, update, and/or create, as necessary, each Risk
Tolerance Statement.\10\
---------------------------------------------------------------------------

    \8\ Id.
    \9\ Id.
    \10\ Id.
---------------------------------------------------------------------------

    The Framework would also describe how the Clearing Agencies monitor
key risks, including Operational Risk, through ``Risk Profiles.'' \11\
The Framework would state that ``Risk Profiles'' identify how risk is
assessed for each of the Clearing Agencies' businesses and support
areas (each a ``Clearing Agency Business'' and/or ``Clearing Agency
Support Area'').\12\ The Framework would explain that the risk
assessment documented in these profiles includes (1) assessment of
inherent risk (i.e., risk without any mitigating controls); (2)
evaluation of existing controls and, as appropriate, any new additional
controls, as well as the evaluation of the same risk against the
strength of such controls; and (3) identification of any residual risk
and a determination to either further mitigate such risk or accept such
risk by the applicable Clearing Agency Business or Clearing Agency
Support Area.\13\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ Id.
    \13\ Id.
---------------------------------------------------------------------------

    The Framework would then describe generally the responsibilities of
ORM, which is part of the second line of defense within the Clearing
Agencies' ``Three Lines of Defense'' approach to risk management.\14\
The Framework would identify ORM responsibilities

including, but not limited to, management of the Risk Tolerance
Statements, and working with the Clearing Agency Businesses and
Clearing Agency Support Areas to create and monitor Risk Profiles.\15\
---------------------------------------------------------------------------

    \14\ Id. The Three Lines of Defense approach to risk management
identifies the roles and responsibilities of different Clearing
Agency Businesses or Clearing Agency Support Areas in identifying,
assessing, measuring, monitoring, mitigating, and reporting certain
key risks faced by the Clearing Agencies. The Three Lines of Defense
approach is more fully described in a separate framework, the
Clearing Agency Risk Management Framework. See Securities Exchange
Act Release No. 81635 (September 15, 2017), 82 FR 44224 (September
21, 2017)(SR-DTC-2017-013, SR-NSCC-2017-012, SR-FICC-2017-016).
    \15\ Notice, 82 FR at 37943.
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C. Information Technology Risks

    The Framework would describe how the Clearing Agencies address
information technology risks.\16\ The Framework would state that the
DTCC Technology Risk Management group (``TRM''), on behalf of the
Clearing Agencies, is responsible for establishing appropriate
programs, policies, procedures, and controls with respect to the
Clearing Agencies' information technology risks.\17\ The Framework
would indicate that these responsibilities would help respective
Clearing Agency's management to ensure that systems have a high degree
of security, resiliency, operational reliability, and adequate,
scalable capacity.\18\ The Framework would describe some of the
recognized information technology standards that TRM may use to execute
its responsibilities (as applicable).\19\
---------------------------------------------------------------------------

    \16\ Id.
    \17\ Id.
    \18\ Id.
    \19\ Id.
---------------------------------------------------------------------------

    The Framework would also identify some of TRM's responsibilities,
including (1) performing risk assessments to, among other things,
facilitate the determination of the Clearing Agencies' investment and
remediation priorities; (2) facilitating annual mandatory and periodic
information security awareness, education, training, and communication
to personnel of Clearing Agency Businesses and Clearing Agency Support
Areas and relevant external parties; and (3) creating, implementing,
and managing certain programs, including programs that (i) address
information security throughout a system's lifecycle, (ii) facilitate
compliance with evolving and established regulatory rules and
guidelines that govern protection of the information assets of the
Clearing Agencies and their participants, (iii) identify, prioritize,
and manage the level of cyber threats to the Clearing Agencies, and
(iv) assure that access to Clearing Agency information assets is
appropriately authorized and authenticated based on current business
need.\20\
---------------------------------------------------------------------------

    \20\ Id.
---------------------------------------------------------------------------

    Additionally, the Framework would note that TRM's risk strategy is
closely aligned to the Clearing Agencies' business drivers and future
strategic direction.\21\ The Framework would state that such risk
strategy allows the Clearing Agencies to achieve information security
threat mitigation objectives, resiliency of infrastructure supporting
Clearing Agency critical business applications, and operational
reliability.\22\ The Framework would also describe how TRM's early and
consistent involvement in initiatives to develop new products and
systems establishes this priority.\23\ The Framework would state that
TRM is involved from the initial planning phase through the design,
build, and operative phases of those initiatives, to address certain
requirements.\24\ The Framework would then explain that TRM's
involvement specifically addresses effectiveness, reliability, and
availability requirements of those initiatives, incorporating those
requirements into the initiatives' design and execution (from both a
technology and cyber security perspective).\25\
---------------------------------------------------------------------------

    \21\ Id.
    \22\ Notice, 82 FR at 37943-44.
    \23\ Notice, 82 FR at 37944.
    \24\ Id.
    \25\ Id.
---------------------------------------------------------------------------

    The Framework would next describe the Clearing Agencies' security
strategy and defense, stating that the Clearing Agencies' network
security framework and preventive controls are designed to support a
reliable and robust tiered security strategy and defense.\26\ The
Framework would state that these controls include modern and
technically advanced security firewalls, intrusion detection, system
and data monitoring, and data protection tools.\27\ The Framework would
also describe the Clearing Agencies' enhanced security features and the
standards they use to assess vulnerabilities and potential threats.\28\
---------------------------------------------------------------------------

    \26\ Id.
    \27\ Id.
    \28\ Id.
---------------------------------------------------------------------------

D. Business Continuity Risks

    Finally, the Framework would describe how the Clearing Agencies
establish and maintain business continuity plans to address events that
may pose significant business continuity risks (i.e., disrupting of
Clearing Agency operations).\29\ The Framework would identify how the
business continuity process for each Clearing Agency Business and
Clearing Agency Support Area is ranked by the significance of a
possible disruption to its operation.\30\ The Framework would explain
that these rankings fall within a range of tiers, from 0 to 5, based on
criticality to each applicable Clearing Agency's operations (each a
``Tier''), where Tier 0 equates to critical operations or support of
such operations for which virtually no downtime is permitted under
applicable regulatory standards, and Tier 5 equates to non-essential
operations or support of such operations for which recovery times of
greater than five days is permitted.\31\
---------------------------------------------------------------------------

    \29\ Id.
    \30\ Id.
    \31\ Id.
---------------------------------------------------------------------------

    The Framework would state that each Clearing Agency Business and
Clearing Agency Support Area annually updates its own business
continuity plan, as well as reviews and ratifies its business impact
analysis.\32\ The Framework would describe that the DTCC Business
Continuity Management department (``BCM'') uses that analysis, on
behalf of the Clearing Agencies, to validate the Business' or Support
Area's current Tier ranking, described above.\33\ The Framework would
identify the key elements of the business impact analysis, including
(1) an assessment of the criticality of the applicable Clearing Agency
Business or Clearing Agency Support Area, based on potential impact to
the Clearing Agency; (2) an estimation of the maximum allowable
downtime for the applicable Clearing Agency Business or Clearing Agency
Support Area; and (3) the identification of dependencies, and the
ranking of such dependencies to align with the criticality of the
applicable Clearing Agency Business's, or Clearing Agency Support
Area's, recovery.\34\
---------------------------------------------------------------------------

    \32\ Id.
    \33\ Id.
    \34\ Id.
---------------------------------------------------------------------------

    The Framework would describe the Clearing Agencies' multiple data
centers, and the emergency monitoring and back-up systems available at
each site.\35\ The Framework would explain the capacity of the various
data centers (including emergency monitoring and back-up systems).\36\
The Framework would also describe how the Clearing Agencies' operating
centers (which may include data centers) assist in recovery efforts,
and explain how each Clearing Agency Business and Clearing Agency
Support Area creates and deploys its own work-area recovery strategy to
mitigate the loss of primary workspace and/or associated desktop
technology, as well as for purposes of appropriately locating
personnel.\37\ The Framework would further indicate how each work-area
recovery strategy is developed and

executed (based on the applicable Clearing Agency Business' and
Clearing Agency Support Area's current Tier ranking, as described
above).\38\
---------------------------------------------------------------------------

    \35\ Id.
    \36\ Id.
    \37\ Id.
    \38\ Id.
---------------------------------------------------------------------------

    The Framework would describe the responsibilities of BCM in
managing a disruptive business event.\39\ The Framework would state
that managing a disruptive business event would include coordination
with a team of representatives from each Clearing Agency Business and
Clearing Agency Support Area.\40\ Finally, the Framework would describe
how the Clearing Agencies conduct regular exercises used to simulate
loss of Clearing Agency locations, and would describe some of the
preventive measures the Clearing Agencies take with respect to business
continuity risk management.\41\
---------------------------------------------------------------------------

    \39\ Id.
    \40\ Id.
    \41\ Id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and rules and regulations thereunder applicable to such
organization.\42\ After carefully considering the proposed rule
changes, the Commission finds that the proposed rule changes are
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to the Clearing Agencies.
Specifically, the Commission finds that the proposed rule changes are
consistent with Section 17A(b)(3)(F) of the Act \43\ and Rules 17Ad-
22(e)(17)(i)-(iii) under the Act.\44\
---------------------------------------------------------------------------

    \42\ 15 U.S.C. 78s(b)(2)(C).
    \43\ 15 U.S.C. 78q-1(b)(3)(F).
    \44\ 17 CFR 240.17Ad-22(e)(17)(i)-(iii).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, in part, that the rules
of a registered clearing agency be designed to assure the safeguarding
of securities and funds which are in the custody or control of the
Clearing Agencies or for which they are responsible.\45\
---------------------------------------------------------------------------

    \45\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As described above, the Framework would describe how the Clearing
Agencies manage their Operational Risk. Specifically, the Frameworks
would describe how the Clearing Agencies address their technology
risks, information security risks, and their business continuity risks.
The Framework would describe the processes, systems, and controls (as
well as the supporting policies and procedures) used by the Clearing
Agencies to identify, manage, and mitigate risks which threaten the
Clearing Agencies' ability to function.
    By describing their Operational Risk practices in a clear and
comprehensive manner, the Framework is designed to help the Clearing
Agencies prevent and manage the risks that arise in, or are borne by,
the Clearing Agencies. The Framework would explain how the Clearing
Agencies identify and mitigate risks generally (through the Three Lines
of Defense, Risk Tolerance Statements, and Risk Profiles), as well as
how they specially identify and mitigate information technology risk
(through the TRM's efforts) and business continuity risk (through data
centers and operational centers). By better managing the risks that
arise in or are bone by the Clearing Agencies through such risk
mitigation practices, the Framework is designed to help reduce the
possibility that a Clearing Agency fails. By better positioning the
Clearing Agencies to continue their critical operations and services,
and mitigating the risk of financial loss contagion caused by a
Clearing Agency failure, the Framework is designed to help assure the
safeguarding of securities and funds which are in the custody or
control of the Clearing Agencies, or for which they are responsible.
Accordingly, the Commission believes that the proposed rule changes are
consistent with Section 17A(b)(3)(F) of the Act.\46\
---------------------------------------------------------------------------

    \46\ Id.
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(17)(i)

    Rule 17Ad-22(e)(17)(i) under the Act requires, in part, that each
covered clearing agency establish, implement, maintain and enforce
written policies and procedures reasonably designed to manage the
covered clearing agency's operational risks by identifying the
plausible sources of operational risk, both internal and external, and
mitigating their impact through the use of appropriate systems,
policies, procedures, and controls.\47\
---------------------------------------------------------------------------

    \47\ 17 CFR 240.17Ad-22(e)(17)(i).
---------------------------------------------------------------------------

    As described above, the Framework would describe how the Risk
Tolerance Statements and the Risk Profiles assist the Clearing Agencies
identify and mitigate the plausible sources of Operational Risk, both
internal and external. As described above, the Framework explains how
the Risk Tolerance Statements (i) identify both internal and external
Clearing Agency risks; (ii) categorize the respective Clearing
Agencies' tolerance for those risks; and (iii) then identify governance
process applicable to any breach of those tolerances. In this way, the
Risk Tolerance Statements are designed to help the Clearing Agencies to
identify and manage the internal and external risks. As also described
above, the Framework would describe how the Risk Profiles are designed
to serve a similar function, by serving as a tool for identifying and
assessing inherent risks, and evaluating the controls around those
risks. The Framework also describes the role of ORM, which includes
oversight of both the Risk Tolerance Statements and Risk Profiles.
    By describing the functions of the Risk Tolerance Statements and
Risk Profiles, (which, together, are designed to (i) assist the
Clearing Agencies in effectively managing their operational risks by
identifying the plausible sources of operational risk, both internal
and external, and (ii) assist the Clearing Agencies in mitigating the
impact of those risks), and by describing the role of ORM in overseeing
the Risk Tolerance Statements and Risk Profiles, the Commission
believes the Framework is consistent with the requirements of Rule
17Ad-22(e)(17)(i).\48\
---------------------------------------------------------------------------

    \48\ Id.
---------------------------------------------------------------------------

C. Consistency With Rule 17Ad-22(e)(17)(ii)

    Rule 17Ad-22(e)(17)(ii) under the Act requires, in part, that each
covered clearing agency establish, implement, maintain and enforce
written policies and procedures reasonably designed to manage the
covered clearing agency's operational risks by ensuring that systems
have a high degree of security, resiliency, operational reliability,
and adequate, scalable capacity.\49\
---------------------------------------------------------------------------

    \49\ 17 CFR 240.17Ad-22(e)(17)(ii).
---------------------------------------------------------------------------

    As noted above, the Framework would describe how the Clearing
Agencies manage their Operational Risk. Specifically, the Framework
would describe TRM's role and responsibilities in managing the Clearing
Agencies' information technology risks. In particular, the Framework
would identify TRM's (i) programs, systems, and controls; (ii)
information technology risk management standards; and (iii) continuous
role in product and project initiatives to address security issues
through the lifecycle of Clearing Agency initiatives.
    The Framework thereby describes how TRM is designed to safeguard
the integrity of the Clearing Agencies' information technology, as well
as the standards against which TRM's safeguards would be evaluated. In
this manner, the Framework is designed to

ensure that the Clearing Agencies' systems have a high degree of
security, resiliency, and operational reliability. Furthermore, as the
Framework indicates TRM's early and continuous involvement in the
Clearing Agencies' initiatives, the Framework reveals how TRM would
enable the Clearing Agencies to grow and evolve while accounting for
technology and cyber security concerns, thereby ensuring the Clearing
Agencies' adequate and scalable capacity.
    Therefore, by describing TRM's role and responsibilities in helping
the Clearing Agencies maintain systems with a high degree of security,
resiliency, operational reliability, and adequate, scalable capacity,
the Commission believes the Framework is consistent with the
requirements of Rule 17Ad-22(e)(17)(ii).\50\
---------------------------------------------------------------------------

    \50\ Id.
---------------------------------------------------------------------------

D. Consistency With Rule 17Ad-22(e)(17)(iii)

    Rule 17Ad-22(e)(17)(iii) under the Act requires, in part, that each
covered clearing agency establish, implement, maintain and enforce
written policies and procedures reasonably designed to manage the
covered clearing agency's operational risks by establishing and
maintaining a business continuity plan that addresses events posing a
significant risk of disrupting operations.\51\
---------------------------------------------------------------------------

    \51\ 17 CFR 240.17Ad-22(e)(17)(iii).
---------------------------------------------------------------------------

    As described above, the Framework would describe how the Clearing
Agencies establish and maintain business continuity plans.
Specifically, the Framework would describe the critical features of the
Clearing Agencies' business continuity plans to demonstrate how they
are designed to address events posing a significant risk of disrupting
the Clearing Agencies' operations. The Framework would also indicate
how each Clearing Agency Business and Clearing Agency Support Area
reviews and ratifies its respective plan and its business impact
analysis, relative to its assigned Tier. Therefore, as the Framework
describes how the Clearing Agencies establish and maintain their
business continuity plans, which are designed to address events posing
a significant risk of disrupting operations, the Commission believes
that the Framework is consistent with the requirements of Rule 17Ad-
22(e)(17)(iii).\52\
---------------------------------------------------------------------------

    \52\ Id.
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule changes are consistent with the requirements of the Act
and in particular with the requirements of Section 17A of the Act \53\
and the rules and regulations thereunder.
---------------------------------------------------------------------------

    \53\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that proposed rule changes SR-DTC-2017-014, SR-NSCC-2017-013, and SR-
FICC-2017-017 be, and hereby are, approved.\54\
---------------------------------------------------------------------------

    \54\ In approving the Proposed Rule Changes, the Commission
considered the proposals' impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\55\
---------------------------------------------------------------------------

    \55\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21273 Filed 10-3-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 17, 2007 (Volume 72, Number 95)]
[Notices]
[Page 27876-27878]
[DOCID:fr17my07-126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55750; File No. SR-CBOE-2007-46]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Order Granting Accelerated Approval
of Proposed Rule Change To Trade the SPDR DJ Global Titans ETF Pursuant
to UTP

May 11, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 9, 2007, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE''), filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
the Exchange. This notice and order provides notice of the proposed
rule change and approves the proposal on an accelerated basis.
---------------------------------------------------------------------------

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

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

    The Chicago Board Options Exchange, Incorporated (``Exchange'' or
``CBOE'') proposes to trade shares (``Shares'') of the SPDR DJ Global
Titans ETF (``Fund'') pursuant to unlisted trading privileges
(``UTP''). The text of the proposed rule change is available on the

Exchange's Web site (http://www.cboe.org/Legal), at the Exchange's

principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to trade Shares of the Fund pursuant to
UTP. The Fund's investment objective is to replicate as closely as
possible, before expenses, the performance of the Dow Jones Global
Titans Index (``Index''), using an indexing investment approach.
    The Commission previously approved the original listing and trading
of the Shares on the American Stock Exchange (``Amex'').\3\ The
Exchange deems the Shares to be equity securities, thus rendering
trading in the Shares subject to the Exchange's existing rules
governing the trading of equity securities. The trading hours for the
Shares on CBSX will be 8:15 a.m. until 3:15 p.m. Central Time, unless
the intraday indicative value (``IIV'') of the Fund is not being
calculated and widely disseminated before 8:30 a.m., in which case
trading will begin at 8:30 a.m.; and unless the Amex closes trading at
3 p.m., in which case trading will end at 3 p.m.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 43338 (September 25,
2000), 65 FR 59235 (October 4, 2000) (SR-Amex-00-53).
---------------------------------------------------------------------------

    Quotations for and last sale information regarding the Shares are
disseminated through the Consolidated Quotation System. The value of
the Index is updated intra-day on a real-time basis as individual
component securities of the Index change in price. The intraday value
of the Index is disseminated every 15 seconds throughout the trading
day. In addition, a value for the Index is disseminated once each
trading day, based on closing prices in the relevant exchange markets.
    To provide updated information relating to the Shares for use by
investors, professionals, and persons wishing to create or redeem them,
Amex disseminates through the facilities of the Consolidated Tape
Association the IIV for the Fund as calculated by a securities
information provider. The IIV is disseminated on a per-share basis
every 15 seconds during regular trading hours. CBOE Rule 52.3 provides
that, if the IIV ceases to be widely available, CBSX would cease
trading the Shares.
    In connection with the trading of the Shares, the Exchange would
inform members and member organizations in an Information Circular of
the special characteristics and risks associated with trading the
Shares, including how they are created and redeemed, the prospectus or
product description delivery requirements applicable to the Shares,
applicable Exchange rules, how information about the value of the
underlying Index is disseminated, and trading information. In addition,
before a member recommends a transaction in the Shares, the member must
determine that the Shares are suitable for the customer as required by
CBOE Rule 53.6.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Fund inadvisable. These may include: (1) The extent to
which trading is not occurring in the securities comprising the
underlying index and/or financial instrument of the Fund, or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. In addition,
trading in the Shares would be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule.\4\
---------------------------------------------------------------------------

    \4\ CBOE Rule 6.3B.
---------------------------------------------------------------------------

    Moreover, the Exchange represents that it would cease trading the
Shares if the listing market stops trading the Shares because of a
regulatory halt similar to a halt based on CBOE Rule 6.3. UTP trading
in the Shares is also governed by the trading halts provisions of CBOE
Rule 52.3 relating to temporary interruptions in the calculation or
wide dissemination of the IIV or the value of the underlying index.
    The Exchange intends to utilize its existing surveillance
procedures applicable to equity security products to monitor trading in
the Shares. The Exchange represents that these procedures are adequate
to monitor Exchange trading of the Shares.
2. Statutory Basis
    CBOE believes that the proposed rule change is consistent with the
Act and the rules and regulations thereunder applicable to a national
securities exchange. Specifically, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \5\ requirements
that an exchange have rules that are designed to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
to protect investors and the public interest. In addition, CBOE
believes that the proposal is consistent with Rule 12f-5 under the Act
\6\ because it deems each Share to be an equity security, thus
rendering trading in each Fund subject to the Exchange's existing rules
governing the trading of equity securities.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78(f)(b)(5).
    \6\ 17 CFR 240.12f-5.
---------------------------------------------------------------------------

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 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
proposal.

III. Solicitation of Comments

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

Electronic Comments

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

File Number SR-CBOE-2007-46 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-CBOE-2007-46. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. 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-2007-46 and should be submitted on or before June
7, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\7\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\8\ which requires that an
exchange have rules designed, among other things, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
in general to protect investors and the public interest. The Commission
believes that this proposal should benefit investors by increasing
competition among markets that trade the Shares.
---------------------------------------------------------------------------

    \7\ In approving this rule change, the Commission notes that it
has considered the proposal's impact on efficiency, competition, and
capital formation. See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Commission finds that the proposal is consistent
with Section 12(f) of the Act,\9\ which permits an exchange to trade,
pursuant to UTP, a security that is listed and registered on another
exchange.\10\ The Commission notes that it previously approved the
listing and trading of each of the Shares on Amex.\11\ The Commission
also finds that the proposal is consistent with Rule 12f-5 under the
Act,\12\ which provides that an exchange shall not extend UTP to a
security unless the exchange has in effect a rule or rules providing
for transactions in the class or type of security to which the exchange
extends UTP. The Exchange has represented that it meets this
requirement because it deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78l(f).
    \10\ Section 12(a) of the Act, 15 U.S.C. 78l(a), generally
prohibits a broker-dealer from trading a security on a national
securities exchange unless the security is registered on that
exchange pursuant to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any security to which an
exchange ``extends UTP.'' When an exchange extends UTP to a
security, it allows its members to trade the security as if it were
listed and registered on the exchange even though it is not so
listed and registered.
    \11\ See supra note 3.
    \12\ 17 CFR 240.12f-5.
---------------------------------------------------------------------------

    The Commission further believes that the proposal is consistent
with Section 11A(a)(1)(C)(iii) of the Act,\13\ which sets forth
Congress's finding that it is in the public interest and appropriate
for the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities. Quotations for and last-sale information regarding the
Shares are disseminated through the facilities of the CTA and the
Consolidated Quotation System. In addition, the IIV of each Fund is
disseminated every 15 seconds throughout the trading day by the
national securities exchange on which the Fund is listed or by other
information providers or market data vendors.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    Furthermore, the Commission believes that the proposal is
reasonably designed to preclude trading of the Shares when transparency
is impaired. CBOE Rule 52.3 sets forth trading halt procedures when
CBOE trades an ETF pursuant to UTP. Under this rule, if the listing
market halts trading when the IIV is not being calculated or
disseminated, CBOE also would halt trading in the Shares. This rule is
substantially similar to those recently adopted by other exchanges and
found by the Commission to be consistent with the Act.\14\
---------------------------------------------------------------------------

    \14\ See e.g., NYSE Arca Equities Rule 7.34; Securities Exchange
Act Release No. 54997 (December 21, 2006), 71 FR 78501 (December 29,
2006).
---------------------------------------------------------------------------

    The Commission notes that, if the Shares should be delisted by the
listing market, the Exchange would no longer have authority to trade
the Shares pursuant to this order.
    In support of this proposal, the Exchange has made the following
representations:
    1. The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares and to deter and detect
violations of Exchange rules.
    2. Prior to the commencement of trading, the Exchange would inform
its members and member organizations in an Information Circular of the
special characteristics and risks associated with trading the Shares.
    3. The Information Circular would include the requirement that
members and member firms deliver a prospectus to investors purchasing
newly issued Shares prior to or concurrently with the confirmation of a
transaction.

    This approval order is conditioned on the Exchange's adherence to
these representations.
The Commission finds good cause for approving this proposal before the
thirtieth day after the publication of notice thereof in the Federal
Register. As noted previously, the Commission previously found that the
listing and trading of the Shares on Amex is consistent with the Act.
The Commission presently is not aware of any regulatory issue that
should cause it to revisit that finding or would preclude the trading
of the Shares on the Exchange pursuant to UTP. Therefore, accelerating
approval of this proposal should benefit investors by creating, without
undue delay, additional competition in the market for the Shares.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\15\ that the proposed rule change (SR-CBOE-2007-46) be and it
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2).

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

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

J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E7-9469 Filed 5-16-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Notices]
[Pages 73551-73553]
[FR Doc No: 2022-26094]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-14-000]

Wyoming Interstate Company, LLC; Notice of Application and
Establishing Intervention Deadline

    Take notice that on November 10, 2022, Wyoming Interstate Company,
LLC (WIC), Post Office Box 1087, Colorado Springs, Colorado 80944,
filed in Docket No. CP23-14-000, an application under section 7(b) of
the Natural Gas Act (NGA), and Part 157 of the Commission's regulations
requesting authority to abandon, in place, the Diamond Mountain
Compressor Station (Diamond Mountain Abandonment Project) located at
approximate Milepost 54.8 on WIC's 24-inch diameter Kanda Lateral in
Uintah County, Utah, all as more fully set forth in the request which
is on file with the Commission and open to public inspection with the
Commission and open for public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions regarding the application should be directed to
Francisco Tarin, Director, Regulatory, Wyoming Interstate Company, LLC;
P.O. Box 1087, Colorado Springs, Colorado 80944, by phone at (719) 667-
7517, or via email at [email protected].
    Pursuant to section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or

issue a Notice of Schedule for Environmental Review. If a Notice of
Schedule for Environmental Review is issued, it will indicate, among
other milestones, the anticipated date for the Commission staff's
issuance of the final environmental impact statement (FEIS) or
environmental assessment (EA) for this proposal. The filing of an EA in
the Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are two ways to become involved in the Commission's review of
this project: you can file comments on the project, and you can file a
motion to intervene in the proceeding. There is no fee or cost for
filing comments or intervening. The deadline for filing a motion to
intervene is 5:00 p.m. Eastern Time on December 14, 2022.

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be. To ensure that your comments
are timely and properly recorded, please submit your comments on or
before December 14, 2022.
    There are three methods you can use to submit your comments to the
Commission. In all instances, please reference the Project docket
number CP23-14-000 in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; first select ``General'' and then select ``Comment on a
Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address below.\2\ Your written comments must reference
the Project docket number (CP23-14-000).
---------------------------------------------------------------------------

    \2\ Hand delivered submissions in docketed proceedings should be
delivered to Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.

To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426
To mail via any other courier, use the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\3\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
---------------------------------------------------------------------------

    \3\ 18 CFR 385.102(d).
---------------------------------------------------------------------------

    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is December 14, 2022. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
---------------------------------------------------------------------------

    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP23-14-000 in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf.; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below.\6\
Your motion to intervene must reference the Project docket number CP23-
14-000.
---------------------------------------------------------------------------

    \6\ Hand delivered submissions in docketed proceedings should be
delivered to Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
---------------------------------------------------------------------------
First Street NE, Washington, DC 20426

    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Protests and motions to intervene must be served to the applicant
either by mail or email (with a link to the document) at: Francisco
Tarin, Director, Regulatory, Wyoming Interstate Company, LLC; P.O. Box
1087, Colorado Springs, Colorado 80944, by phone at<PHONE_NUMBER>, or
via email at [email protected]. Any subsequent
submissions by an intervenor must be served to the applicant and all
other parties to the proceeding. Contact information for parties can be
downloaded from the service list at the eService link on FERC Online.

    All timely, unopposed \7\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\8\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\9\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
---------------------------------------------------------------------------

    \7\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \8\ 18 CFR 385.214(c)(1).
    \9\ 18 CFR 385.214(b)(3) and (d).
---------------------------------------------------------------------------

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at http://www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on December 14, 2022.

    Dated: November 23, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-26094 Filed 11-29-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Rules and Regulations]
[Pages 38384-38387]
[FR Doc No: 2023-12441]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0156; Project Identifier MCAI-2022-01511-T;
Amendment 39-22454; AD 2023-11-08]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-19-
05, which applied to all Airbus SAS Model A330-841 and -941 airplanes.
AD 2022-19-05 required maintenance actions, including a high pressure
valve (HPV) seal integrity test, repetitive replacement of the HPV
clips, revision of the existing airplane flight manual (AFM), and
implementation of updates to the FAA-approved operator's minimum
equipment list (MEL). This AD was prompted by additional instructions
and maintenance procedures developed to address failures of the HPV.
This AD continues to require certain actions in AD 2022-19-05 and
provides additional criteria for the installation of HPV and HPV clips,
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective July 18, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 18,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0156; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email: [email protected]; website: easa.europa.eu. You may
find this material on the EASA website: ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
Des Moines, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-0156.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety
Engineer, FAA, International Validation Branch, 2200 South 216th
Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On August 18, 2022, the FAA issued Emergency AD 2022-18-51 for all
Airbus SAS Model A330-841 and -941

airplanes. Emergency AD 2022-18-51 corresponded to EASA Emergency AD
2022-0170-E, dated August 17, 2022 (EASA Emergency AD 2022-0170-E).
EASA is the Technical Agent for the Member States of the European
Union. Emergency AD 2022-18-51 required revising the existing AFM to
incorporate additional limitations prohibiting takeoff for certain
airplane configurations; specified airplane dispatch restrictions using
certain provisions of the A330 MMEL (master minimum equipment list) or
amending the existing FAA-approved operator's MEL; and required
obtaining and accomplishing instructions following certain maintenance
messages. The FAA issued Emergency AD 2022-18-51 to address a leaking
HPV, which may expose the pressure regulating valve (PRV), which is
installed downstream from the HPV, to high pressure, possibly damaging
the PRV itself and preventing its closure. The unsafe condition, if not
addressed, could result in high pressure and temperatures in the duct
downstream from the PRV, with possible duct burst, damage to several
systems, and consequent loss of control of the airplane.
    Since the FAA issued Emergency AD 2022-18-51, EASA superseded its
Emergency AD 2022-0170-E and issued EASA AD 2022-0181, dated August 29,
2022 (EASA AD 2022-0181), to correct an unsafe condition for all Airbus
SAS A330-841 and -941 airplanes. The FAA issued AD 2022-19-05,
Amendment 39-22174 (87 FR 54870, September 8, 2022) (AD 2022-19-05),
for all Airbus SAS Model A330-841 and -941 airplanes. AD 2022-19-05 was
prompted by EASA AD 2022-0181, which was intended to address leaking
bleed system HPVs, likely due to HPV clip failure and sealing ring
damage.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-19-05, Amendment 39-22174 (87 FR
54870, September 8, 2022) (AD 2022-19-05). AD 2022-19-05 applied to all
Airbus SAS Model A330-841 and -941 airplanes. AD 2022-19-05 required
revising the existing AFM to incorporate additional limitations
prohibiting takeoff for certain airplane configurations; specifies
airplane dispatch restrictions using certain provisions of the A330
MMEL (master minimum equipment list) or amending the existing FAA-
approved operator's MEL; requires obtaining and accomplishing
instructions following certain maintenance messages; revising the
Limitations section of the AFM; updating the A330 MMEL with new
provisions and procedures; a seal integrity test of each HPV; and a
detailed inspection of the wing bellows. The FAA issued AD 2022-19-05
to address a leaking HPV, which may expose the PRV, which is installed
downstream from the HPV, to high pressure, possibly damaging the PRV
itself and preventing its closure.
    The NPRM published in the Federal Register on February 3, 2023 (88
FR 7370). The NPRM was prompted by AD 2022-0227, dated November 24,
2022, issued by EASA (EASA AD 2022-0227) (also referred to as the
MCAI). EASA AD 2022-0227 states that Airbus has since published
improved instructions and maintenance procedures to address failures of
the HPV and incorporate comments received. You may examine the MCAI in
the AD docket at regulations.gov under Docket No. FAA-2023-0156.
    In the NPRM, the FAA proposed to retain certain requirements of AD
2022-19-05 and provide additional criteria for the installation of HPV
and HPV clips. Those requirements are referenced in EASA AD 2022-0227,
which, in turn, is referenced in paragraph (g) of this AD. The FAA is
issuing this AD to address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
    The FAA received an additional comment from Delta Air Lines
(Delta). The following presents the comment received on the NPRM and
the FAA's response to that comment.

Request for an Additional Exception for Revised Publication

    Delta requested an exception be added to paragraph (h) to use
Airbus Alert Operators Transmission (AOT) A36L009-22, original issue,
dated August 25, 2022, for compliance with the EASA AD 2022-0227,
instead of Airbus AOT A36L009-22, Revision 01, dated October 3, 2022.
    The FAA disagrees that updating this final rule is necessary
because EASA AD 2022-0227, which is required by this AD, allows credit
for the original issue in paragraph (16) of EASA AD 2022-0227.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0227 specifies procedures for the following actions:
     Revision of the Limitations section of the existing AFM
and removal of the previously required limitations.
     Implementation of the instructions of the MMEL update on
the basis of which the operator's MEL must be amended with new
provisions and procedures for the following items: Air Conditioning
Pack, Engine Bleed Air Supply System, Engine Bleed IP (Intermediate
Pressure) Check Valve, and Engine Bleed HP (High Pressure) Valve, and
cancel the dispatch restrictions.
     A seal integrity test of each HPV, and corrective actions
(including replacement of the HPV, and a detailed inspection of the
wing bellow on engine 1(2) and replacement of any damaged or deformed
wing bellow).
    EASA AD 2022-0227 also describes the following maintenance
instructions, among other actions, to be accomplished following certain
faults or failures:
     HPV troubleshooting procedure and additional maintenance
actions after any Class 1 maintenance message associated to an HPV
fault, and corrective actions (including replacement of the HPV or wing
bellow).
     HPV seal integrity test and the additional maintenance
actions after any Class 1 or Class 2 maintenance message associated to
a PRV fault, and corrective actions (including replacement of the HPV
and PRV, and a detailed inspection of the wing bellow on engine 1(2)
and replacement of any damaged or deformed wing bellow).
     A visual (borescope) inspection of the engine bleed air
system (EBAS) to detect signs of foreign object debris (FOD), including
metallic debris in the butterfly valve and dents or damage of the flaps
of the intermediate pressure check valve (IPCV), and dents and missing
segments in the PRV, the header of the HP/IP duct, the y-duct, and the
pylon ducts after any failure of an HPV

clip and/or any of the HPV butterfly sealing rings, and corrective
actions (including removing FOD and replacing the IPCV or PRV).
     A seal integrity test of each HPV after any take-off or
go-around accomplished with ``packs OFF'' or ``APU bleed ON'' or
``engine bleed OFF,'' and corrective actions (including replacement of
the HPV, and a detailed inspection of the wing bellow on engine 1(2)
and replacement of any damaged or deformed wing bellow).
     Additional actions to be performed for any Class 1
maintenance message associated with an HPV fault.
     Initial and repetitive replacement of each HPV clip with a
new HPV clip.
    EASA AD 2022-0227 also specifies that HPV clips may be installed
provided they are new and serviceable, and replaced before exceeding
4,000 hours time-in-service.
    This material 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.

Interim Action

    The FAA considers that this AD is an interim action. The FAA
anticipates that further AD action may follow.

Costs of Compliance

    The FAA estimates that this AD affects 19 airplanes of U.S.
registry. The new requirements of this AD add no additional economic
burden. The current costs for this AD are repeated for the convenience
of affected operators, as follows:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision..........................  1 work-hour x $85 per                 $0             $85          $1,615
                                         hour = $85.
MEL update............................  1 work-hour x $85 per                  0              85           1,615
                                         hour = $85.
HPV Seal Integrity Test...............  1 work-hour x $85 per                  0              85           1,615
                                         hour = $85.
HPV clip replacement (both engines)...  11 work-hours x $85 per               28             963          18,297
                                         hour = $935.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
HPV replacement (each)........................  4 work-hours x $85 per hour =             $6,459          $6,799
                                                 $340.
Wing bellow replacement (each wing)...........  6 work-hours x $85 per hour =                663           1,173
                                                 $510.
PRV replacement (both engines)................  9 work-hours x $85 per hour =            107,620         108,385
                                                 $765.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the maintenance actions or additional 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.
    The FAA is 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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive 2022-19-05, Amendment 39-22174 (87
FR 54870, dated September 8, 2022); and
0
b. Adding the following new AD:

2023-11-08 Airbus SAS: Amendment 39-22454; Docket No. FAA-2023-0156;
Project Identifier MCAI-2022-01511-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 18, 2023.

(b) Affected ADs

    This AD replaces AD 2022-19-05, Amendment 39-22174 (87 FR 54870,
September 8, 2022) (AD 2022-19-05).

(c) Applicability

    This AD applies to all Airbus SAS Model A330-841 and -941
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 36, Pneumatic;
75, Air.

(e) Unsafe Condition

    This AD was prompted by reports of leaking bleed system high
pressure valves (HPVs), likely due to HPV clip failure and sealing
ring damage, and by the development of additional instructions and
maintenance procedures to address HPV failures. The FAA is issuing
this AD to address a leaking HPV, which may expose the pressure
regulating valve (PRV), which is installed downstream from the HPV,
to high pressure, possibly damaging the PRV itself and preventing
its closure. The unsafe condition, if not addressed, could result in
high pressure and temperatures in the duct downstream from the PRV,
with possible duct burst, damage to several systems, and consequent
loss of control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0227, dated November 24, 2022 (EASA AD 2022-0227).

(h) Exceptions to EASA AD 2022-0227

    (1) Where EASA AD 2022-0227 refers to ``05 September 2022 [the
effective date of EASA AD 2022-0181],'' this AD requires using
September 15, 2022 (the effective date of AD 2022-19-05).
    (2) Where EASA AD 2022-0227 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where paragraphs (1) and (4) of EASA AD 2022-0227 specify to
inform all flightcrews of airplane flight manual (AFM) revisions and
dispatch limitations, and thereafter to operate the airplane
accordingly, this AD does not require those actions, as those
actions are already required by existing FAA regulations (see 14 CFR
91.9, 91.505, and 121.137).
    (4) This AD does not adopt the reporting requirements of
paragraph (17) of EASA AD 2022-0227.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0227.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2022-19-05 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0227 that are
required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph(s) (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified 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 procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Vladimir Ulyanov,
Aviation Safety Engineer, FAA, International Validation Branch, 2200
South 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>;
email [email protected].

(k) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0227,
dated November 24, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0227, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email:
[email protected]; website: easa.europa.eu. You may find this EASA
AD on the EASA website: ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 2, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-12441 Filed 6-12-23; 8:45 am]
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