[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62860-62862]
[FR Doc No: 2013-24665]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70672; File No. SR-BOX-2013-47]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend BOX Rule 8040

October 11, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 2, 2013, BOX Options Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend BOX Rule 8040 (Obligations of Market
Makers) to widen [sic] pre-opening

phase spread differential requirement imposed on Market Makers. The
text of the proposed rule change is available from the principal office
of the Exchange, at the Commission's Public Reference Room and also on
the Exchange's Internet Web site at http://boxexchange.com.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 proposes to amend BOX Rule 8040(a)(7) (Obligations of
Market Makers) to widen the pre-opening phase spread differential
requirement imposed on Market Makers.
    The Exchange recently eliminated the pre-opening quoting
obligations imposed on BOX Market Makers.\3\ This rule was amended to
put BOX Market Makers on par with market makers on other options
exchanges that do not have pre-market continuous quoting obligations.
In this filing, the Exchange did not adjust the corresponding pre-
opening phase spread differential requirement for Market Makers in Rule
8040 (a)(7). The purpose of this filing is to remove the narrower pre-
opening phase spread differential requirements imposed on Market Makers
in Rule 8040(a)(7). Instead, Market Makers who choose to quote in the
pre-opening phase will be required to quote within the standard bid
ask-differential of $5. The Exchange believes that the narrower pre-
opening phase spread differential requirements are no longer necessary
now that Market Makers are not required to quote during the pre-
opening. Additionally, applying the standard bid-ask differential
requirement to both the pre-opening phase and the continuous trading
phase will eliminate any potential for confusion about Market Maker
obligations. Finally, this change could promote Market Maker quoting
during the pre-opening and, therefore, expedite the opening of all
options series on the Exchange promptly after the opening of the
underlying security.
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    \3\ See Securities Exchange Act Release No. 68412 (December 12,
2012), 77 FR 74902 (December 18, 2012) (SR-BOX-2012-022) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to
Eliminate Market Maker Pre-Opening Obligations on BOX).
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    The Exchange further believes that applying the standard bid-ask
differential to all phases of trading is appropriate because it will
more closely align the Exchange's rules with the rules of other option
exchanges that do not have pre-opening quoting requirements,
specifically Nasdaq Stock Exchange Options Market (``NOM'').\4\
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    \4\ See Chapter VII, Section 6 of the NOM Rules.
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    In addition, the Exchange proposes to remove an exception to the
standard bid-ask differential requirement in Rule 8040(a)(7)(ii). Rule
8040(a)(7)(ii) is no longer necessary as the bids and asks for all
indices are now disseminated to the Exchange by outside service
providers.\5\
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    \5\ See IM-6010-1 to BOX Rule 6010.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
With this proposal, BOX Maker Makers will no longer be required to
comply with narrower spread differential requirements if they choose to
quote in the pre-opening phase. The Exchange believes that removing
this more burdensome obligation could result in more quoting during the
pre-opening phase, thereby increasing liquidity on BOX. The Exchange
also believes it is appropriate to make this amendment to its rules so
that Participants and investors have a clear and accurate understanding
of the Market Maker obligations required under the Exchange's rules. By
removing the rule text, the Exchange is eliminating any potential for
confusion about Market Maker obligations during the pre-opening phase.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    Further, the proposed change conforms BOX's Market Maker
obligations to the requirements of a competing exchange,\8\ which will
promote the application of consistent trading practices across markets
that provide Market Makers with similar benefits.
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    \8\ See supra, note 4.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act, but rather eliminates any
investor confusion and could increase competition by attracting
liquidity. In this regard and as indicated above, the Exchange notes
that the rule change is being proposed as a competitive response to a
recent filing submitted by NOM.\9\
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    \9\ Id.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6)
thereunder.\11\ At any time within 60 days of the filing of such
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2013-47 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2013-47. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; 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-BOX-2013-47 and should be
submitted on or before November 12, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24665 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Page 6184]
[FR Doc No: 2022-02249]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4634-DR; Docket ID FEMA-2022-0001]

Colorado; Amendment No. 1 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 Colorado (FEMA-4634-DR), dated December 31, 2021, and
related determinations.

DATES: This amendment was issued January 13, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective January 7, 2022.

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

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-02249 Filed 2-2-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Rules and Regulations]
[Pages 54814-54819]
[FR Doc No: 2021-21493]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 774

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI08

Commerce Control List: Expansion of Controls on Certain
Biological Equipment ``Software''

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) publishes this final
rule to amend the Export Administration Regulations (EAR) to implement
the decision made at the Australia Group (AG) Virtual Implementation
Meeting session held in May 2021, and later adopted pursuant to the
AG's silence procedure. This decision updated the AG Common Control
List for dual-use biological equipment by adding controls on nucleic
acid assembler and synthesizer ``software'' that is capable of
designing and building functional genetic elements from digital
sequence data. Prior to this AG decision, BIS, consistent with the
interagency process described in the Export Control Reform Act of 2018
(ECRA), identified this ``software'' as a technology to be evaluated as
an emerging technology. The decision by BIS to amend the CCL to include
this ``software'' complies with the requirements of ECRA and also
reflects the decision of the AG to add it to the regime's Common
Control List, thereby making exports of this ``software'' subject to
multilateral control through the implementation of these changes by
individual AG participating countries (including the United States).

DATES: This rule is effective October 5, 2021.

FOR FURTHER INFORMATION CONTACT: Dr. Wesley Johnson, Chemical and
Biological Controls Division, Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and Security, Telephone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Bureau of Industry and Security (BIS) is
amending the Export Administration Regulations (EAR) to implement the
decision made at the Australia Group (AG) Virtual Implementation
Meeting session held in May 2021, and subsequently adopted pursuant to
the AG silence procedure (the AG silence procedure provides for the
adoption of a measure, subsequent to its provisional acceptance at an
AG plenary or intersessional meeting, provided that no participating
country submits an objection on or before a specified date). The AG is
a multilateral forum consisting of 42 participating countries and the
European Union. These participants maintain export controls on a list
of chemicals, biological agents, and related equipment and technology
that could be used in a chemical or biological weapons program. The AG
periodically reviews items on its control list to enhance the
effectiveness of participating governments' national controls and to
achieve greater harmonization among these controls.

Addition of New Export Control Classification Number (ECCN) 2D352--
``Software'' for Nucleic Acid Assemblers/Synthesizers

    This final rule amends the Commerce Control List (CCL), in
Supplement No. 1 to part 774 of the EAR, to add a new ECCN 2D352 to
reflect a decision made at the May 2021 Virtual Implementation Meeting
session to modify the AG biological equipment list to add controls on
``software'' that is: (1) Designed for nucleic acid assemblers and
synthesizers described on this AG Common Control List; and (2) capable
of designing and building functional genetic elements from digital
sequence data. Specifically, new ECCN 2D352 controls ``software''
designed for nucleic acid assemblers and synthesizers controlled by
ECCN 2B352.j that is capable of designing and building functional
genetic elements from digital sequence data.
    This ``software,'' as controlled under new ECCN 2D352, requires a
license for chemical and biological weapons (CB) reasons and anti-
terrorism (AT) reasons to the destinations indicated under CB Column 2
and AT Column 1, respectively, on the Commerce Country Chart in
Supplement No. 1 to part 738 of the EAR (also see the AT license
requirements described in part 742 that apply to Iran, North Korea and
Syria). A license also is required to certain

destinations in accordance with the embargoes and other special
controls described in part 746 of the EAR.

ECCN 2E001 Amended To Include ``technology'' for New ECCN 2D352

    In addition, this rule amends ECCN 2E001 (which controls, inter
alia, ``technology'' for the ``development'' of the nucleic acid
assemblers and synthesizers described in ECCN 2B352.j) to indicate that
``technology'' for the ``development'' of ``software'' controlled by
new ECCN 2D352 is controlled by ECCN 2E001 for CB reasons and AT
reasons to the destinations indicated under CB Column 2 and AT Column
1, respectively, on the Commerce Country Chart in Supplement No. 1 to
part 738 of the EAR. The CB control entry in the License Requirements
table for ECCN 2E001 is amended to reflect this change. The heading of
ECCN 2E001 does not need to be amended to reflect this change because
the ECCN heading indicates that, with limited specified exceptions,
this ECCN controls ``technology'' for the ``development'' of
``software'' listed under Category 2D of the CCL, which now includes
new ECCN 2D352.

Conforming Amendments to Sec.  742.2 (Proliferation of Chemical and
Biological Weapons)

    Consistent with the May 2021 AG decision described above, this
final rule amends Section 742.2 of the EAR by revising paragraphs
(a)(2)(viii) and (a)(2)(ix) to reflect the addition of ECCN 2D352 to
the CCL and to indicate that ``technology'' for the ``development'' of
``software'' controlled by new ECCN 2D352 is controlled by ECCN 2E001.
These changes were not included in a proposed rule that BIS published
on November 6, 2020 (85 FR 71012), which is described in more detail,
below. However, because they are merely conforming changes that cross
reference the aforementioned amendments to the CCL, BIS is making the
changes in this final rule.

Evaluation of Nucleic Acid Assembler/Synthesizer ``Software'' as an
Emerging Technology

    Prior to the addition of nucleic acid assembler/synthesizer
``software'' to the AG biological equipment list, BIS identified this
``software'' as a technology to be evaluated as an emerging technology,
consistent with the interagency process described in Section 1758 of
the Export Control Reform Act of 2018 (ECRA) (codified at 50 U.S.C.
4817). This identification was based on a finding that this
``software'' is capable of being used to operate nucleic acid
assemblers and synthesizers controlled under ECCN 2B352 for the purpose
of generating pathogens and toxins without the need to acquire
controlled genetic elements and organisms. Consequently, the absence of
export controls on this ``software'' could be exploited for biological
weapons purposes.
    Consistent with the emerging and foundational technologies notice
and comment requirements in Section 1758(a)(2)(C) of ECRA (50 U.S.C.
4817(a)(2)(C)), BIS published a proposed rule on November 6, 2020 (85
FR 71012) (hereinafter, ``November 6 proposed rule''), to provide the
public with notice and the opportunity to comment on adding new ECCN
2D352 to control ``software'' for the operation of nucleic acid
assemblers and synthesizers described in ECCN 2B352.j that is capable
of designing and building functional genetic elements from digital
sequence data. The November 6 proposed rule also indicated that
``technology'' for the ``development'' of such ``software'' would be
controlled under ECCN 2E001.
    As stated above, the imposition of controls on this ``software'' by
this final rule (under new ECCN 2D352) reflects a decision by the AG to
add this ``software'' to its biological equipment control list.
Consequently, this action by BIS also conforms with Section 1758(c) of
ECRA, which specifies that ``the Secretary of State, in consultation
with the Secretary [of Commerce] and the Secretary of Defense, and the
heads of other Federal agencies, as appropriate, shall propose that any
technology identified pursuant to Section 1758(a) of ECRA be added to
the list of technologies controlled by the relevant multilateral export
control regimes.''

Comments Submitted in Response to BIS's November 6 Proposed Rule

    BIS received comments from four respondents in response to the
publication of its November 6 proposed rule. The comments from these
respondents, together with BIS's responses, are described below.
    Comment: One respondent stated that BIS should not treat
commodities and ``software'' as potential emerging technologies,
because Section 1758 of ECRA, which provides the statutory standard for
establishing new controls on emerging and foundational technologies,
refers only to ``technology,'' as defined in Section 1742 of ECRA
(codified at 50 U.S.C. 4801). The respondent noted that Section 1758 of
ECRA makes no mention of commodities or ``software,'' which, together
with ``technology,'' are included in the statutory definition of
``item.'' The respondent further observed that the term ``item'' is
included in other sections of ECRA and that its absence from Section
1758 is given meaning by considering only ``technology'' as defined in
Section 1742 of ECRA. The respondent also noted that this
interpretation would be consistent with the EAR definition of
``technology,'' which does not include commodities or ``software.''
Consequently, the respondent recommended that BIS should follow this
interpretation of the statute, as well as its own regulations regarding
the definition of ``technology,'' by identifying only emerging
``technology'' and not related emerging commodities and ``software.''
    BIS response: The terms ``technologies,'' ``emerging technologies''
and ``critical technologies'' are used in Section 1758 of ECRA (50
U.S.C. 4817) and Section 721(a)(6) of the Defense Production Act of
1950 (DPA), as amended (50 U.S.C. 4565(a)(6)), with the latter defining
``critical technologies'' to mean those described in 50 U.S.C.
4565(a)(6)(A)(i) through (vi). The DPA indicates that the term
``critical technologies'' includes by definition emerging and
foundational technologies controlled pursuant to Section 1758 of ECRA,
as well as ``items included on the Commerce Control List'' for
multilateral reasons or for surreptitious listening or regional
stability reasons. As the respondent noted, the term ``items'' includes
``commodities,'' ``software'' and ``technology.'' Consequently, the
term ``technologies,'' as used within the context of these ECRA and DPA
provisions, encompasses ``commodities,'' ``software'' and
``technology,'' and not ``technology'' only (e.g., as that term is more
narrowly defined in Section 1742 of ECRA). Furthermore, note that BIS's
August 27, 2020 (85 FR 52934), advance notice of proposed rulemaking on
the identification and review of controls for certain foundational
technologies stated that the term ``technologies,'' as used in Section
1758 of ECRA, includes not only ``technology,'' but also
``commodities'' and ``software'' as those terms are used in the EAR.
    Comment: One respondent observed that the ``capable of'' standard
does not place sufficient emphasis upon the purpose for which an item
is designed. Consequently, this standard might inadvertently control
technology that is not designed to produce a controlled item, even when
the ability of the technology to produce the controlled item is wholly
unrelated to the primary

purpose of the technology. Furthermore, the respondent noted that an
exporter could be unaware that a given technology is ``capable of''
performing a function for which the technology was not designed and for
which it is not commonly used.
    BIS response: The consensus of the interagency process followed in
accordance with Section 4817 of ECRA was that emerging technology
controls should apply to ``software'' designed for nucleic acid
assemblers and synthesizers controlled by 2B352.j that is ``capable
of'' designing and building functional genetic elements from digital
sequence data. The scope of this control is also consistent with the
decision made at the AG's May 2021 Virtual Implementation Meeting
session to add this ``software'' to its ``Control List of Dual-Use
Biological Equipment and Related Technology and Software.'' If the
controls on this ``software'' applied only to ``software'' ``designed''
or ``specially designed'' for the purpose of generating pathogens and
toxins without the need to acquire controlled genetic elements and
organisms, the scope of the controls would have been far too narrow.
Consequently, there would have been a significantly increased risk that
certain ``software'' not captured by narrower controls could have been
exploited for biological weapons purposes.
    Comment: One respondent stated that the ``software'' controls
proposed to be implemented in new ECCN 2D352, and all future emerging
and foundational technology controls, should be implemented
multilaterally, rather than unilaterally. The respondent noted that a
multilateral approach to export controls would increase their
effectiveness and minimize their impact on U.S. industry. Specifically,
multilateral export controls are preferable to unilateral controls,
because the former typically place U.S. industry on a more level
playing field versus producers/suppliers in other countries.
    BIS response: This final rule imposes controls on ``software''
designed for nucleic acid assemblers and synthesizers controlled by
2B352.j to reflect the decision made at the AG's May 2021 Virtual
Implementation Meeting session to add such ``software'' to its
``Control List of Dual-Use Biological Equipment and Related Technology
and Software.'' This action by BIS is in accordance with Section
4817(c) of ECRA, which specifies that ``the Secretary of State, in
consultation with the Secretary [of Commerce] and the Secretary of
Defense, and the heads of other Federal agencies, as appropriate, shall
propose that any technology identified pursuant to Section 4817(a) of
ECRA be added to the list of technologies controlled by the relevant
multilateral export control regimes.''
    Comment: One respondent recommended that BIS issue emerging and
foundational technology controls as proposed rules and closely follow
ECRA's statutory requirements and guidance. This would provide industry
with the opportunity to provide formal comments to government officials
so that the latter could address industry's questions and concerns. The
respondent further noted that such consultations are critical to the
effectiveness of regulations in achieving national security goals,
without placing undue or unintended burdens on U.S. exports.
    BIS response: Consistent with the emerging and foundational
technologies notice and comment requirements in Section 4817(a)(2)(C)
of ECRA, BIS published a proposed rule on November 6, 2020 (85 FR
71012), to provide the public with notice and the opportunity to
comment on adding a new ECCN 2D352 to control ``software'' for the
operation of nucleic acid assemblers and synthesizers described in ECCN
2B352.j that is capable of designing and building functional genetic
elements from digital sequence data. As indicated above, BIS received
comments from four respondents in response to the publication of its
November 6 proposed rule. These comments are addressed by BIS in the
preamble of this final rule.
    Comment: One respondent expressed concern that the acquisition of
the nucleic acid assembler and synthesizer ``software'' proposed for
control under new ECCN 2D352 by BIS's November 6 proposed rule could be
used to generate pathogens and toxins without the need to directly
acquire controlled genetic elements and organisms. This respondent
indicated that ``the capabilities of this ``software'' lower the bar
for acquisition of controlled genetic elements and so represent an
increase in the risk of proliferation of biological weapons-related
technology.'' According to this respondent, automated benchtop
synthesis devices could allow unskilled individuals to create DNA
sequences that might be used to produce a biological weapon. This
respondent also expressed a growing concern about the potential for
active circumvention of ``software'' for the operation of nucleic acid
assemblers and synthesizers. For example, ``software'' for operating
benchtop nucleic acid synthesis devices could be written to incorporate
biosecurity screening onboard the device. Consequently, if such
``software'' were easily acquired (e.g., in the absence of export
controls), these devices could be hacked to circumvent biosecurity
screening, thereby enabling covert synthesis of otherwise controlled
genetic elements. For this reason, these devices (and, in certain
instances, their components and operating ``software'') should be
subject to export controls. In this regard, the respondent indicated a
preference for multilateral export controls (e.g., the adoption of
export controls by the Australia Group).
    BIS Response: The views expressed by this respondent support, and
expand upon, the rationale provided by BIS (both in its November 6
proposed rule and in this final rule) for the imposition of controls on
this nucleic acid assembler/synthesizer ``software'' under new ECCN
2D352. In addition, as noted in response to other comments described in
this final rule, the controls on this ``software'' reflect the decision
made at the AG's May 2021 Virtual Implementation Meeting session and,
consequently, are being imposed multilaterally by all AG participating
countries (including the United States).
    Comment: One respondent expressed concern that the establishment by
BIS of more restrictive controls on ``software'' for the operation of
certain automated nucleic acid assemblers and synthesizers could damage
trade and collaboration in this field with certain U.S. allies and
thereby decrease the United States' global competitiveness in this
field. Consequently, this respondent stated that any controls that are
placed on such ``software'' should not impair the ability of the United
States and its allies to trade in intermediate goods or to collaborate
on R&D, both of which are crucial to maintaining their shared
advantages vis-[agrave]-vis other foreign competitors. In this regard,
the respondent noted that the methods for manipulating, growing,
recovering, concentrating, stabilizing, and testing biological
materials for use in weapons employ many of the same materials and
equipment used to produce vaccines, pharmaceuticals, and a wide variety
of food products.
    BIS response: As indicated above, new ECCN 2D352 controls
``software'' designed for nucleic acid assemblers and synthesizers
controlled by 2B352.j, consistent with the decision made at the AG's
May 2021 Virtual Implementation Meeting session to add such
``software'' to its ``Control List of Dual-Use Biological Equipment and
Related Technology and Software.'' This ``software,'' as controlled
under new ECCN 2D352, requires a license for CB reasons and AT reasons
to the destinations indicated under CB

Column 2 and AT Column 1, respectively, on the Commerce Country Chart
in Supplement No. 1 to part 738 of the EAR. Consequently, this
``software'' generally does not require a license for export, reexport
or transfer (in-country) to destinations located in AG-participating
countries. That being the case, the controls that apply to this
``software'' under new ECCN 2D352 should not impair the ability of the
United States to trade in intermediate goods with most of its allies or
to collaborate on R&D with such countries.
    Comment: One respondent asserted that the nucleic acid assembler
and synthesizer ``software'' proposed for control under new ECCN 2D352
by BIS's November 6 proposed rule is currently subject to the controls
described in Category XIV (m) of the United States Munitions List
(USML) (22 CFR 121.1), as well as the controls described in USML
Category XIV(f)(8). Specifically, this respondent stated that such
``software'' involves technical data directly related to the defense
articles enumerated in paragraphs (a) through (l) and (n) of USML
Category XIV and that, as such, it is subject to the export licensing
jurisdiction of the Directorate of Defense Trade Controls, U.S.
Department of State, under the International Traffic in Arms
Regulations (ITAR) (22 CFR parts 120-130). Furthermore, the respondent
asserted that such ``software'' is also restricted per USML Category
XIV(f)(8)(ii) and (f)(8)(iii), which apply to any part, component,
accessory, attachment, equipment, or system that is either manufactured
using classified production data or being developed using classified
information.
    BIS Response: The ``software'' that this final rule controls under
new ECCN 2D352 on the CCL is dual-use ``software'' that, as noted
above, was added to the AG ``Control List of Dual-Use Biological
Equipment and Related Technology and Software'' following a decision
made at the AG's May 2021 Virtual Implementation Meeting session. As
indicated in its title, all of the items included on this AG common
control list are dual-use items--not military items. Consequently, the
respondent is mistaken in claiming that such ``software'' is restricted
per USML Category XIV(f)(8)(ii) and (f)(8)(iii), which apply to any
part, component, accessory, attachment, equipment, or system that is
either manufactured using classified production data or being developed
using classified information. New ECCN 2D352 does not control
``software'' that was manufactured, or is in the process of being
developed, using classified information subject to control under the
ITAR or the regulations of any other U.S. Government agency.

Saving Clause

    Shipments of items removed from eligibility for export, reexport or
transfer (in-country) under a license exception or without a license
(i.e., under the designator ``NLR'') as a result of this regulatory
action that were on dock for loading, on lighter, laden aboard an
exporting carrier, or en route aboard a carrier to a port of export, on
October 5, 2021, pursuant to actual orders for export, reexport or
transfer (in-country) to a foreign destination, may proceed to that
destination under the previously applicable license exception or
without a license (NLR) so long as they are exported, reexported or
transferred (in-country) before December 6, 2021. Any such items not
actually exported, reexported or transferred (in-country) before
midnight, on December 6, 2021, require a license in accordance with
this regulation.
    ``Deemed'' exports of ``technology'' and ``source code'' removed
from eligibility for export under a license exception or without a
license (under the designator ``NLR'') as a result of this regulatory
action may continue to be made under the previously available license
exception or without a license (NLR) before December 6, 2021. Beginning
at midnight on December 6, 2021, such ``technology'' and ``source
code'' may no longer be released, without a license, to a foreign
national subject to the ``deemed'' export controls in the EAR when a
license would be required to the home country of the foreign national
in accordance with this regulation.

Export Control Reform Act of 2018

    The Export Control Reform Act of 2018 (ECRA), as amended, codified
at 50 U.S.C. 4801-4852, serves as the authority under which BIS issues
this rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including: Potential economic, environmental, public
health and safety effects; distributive impacts; and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits and of reducing costs, harmonizing rules, and promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, this rule has been reviewed by the
Office of Management and Budget.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
contains the following collections of information subject to the
requirements of the PRA. These collections have been approved by OMB
under control numbers 0694-0088 (Simplified Network Application
Processing System) and 0694-0096 (Five Year Records Retention Period).
The approved information collection under OMB control number 0694-0088
includes license applications, among other things, and carries a burden
estimate of 29.6 minutes per manual or electronic submission for a
total burden estimate of 31,833 hours. The approved information
collection under OMB control number 0694-0096 includes recordkeeping
requirements and carries a burden estimate of less than 1 minute per
response for a total burden estimate of 248 hours.
    Although this final rule makes important changes to the EAR for
items controlled for chemical/biological (CB) reasons, BIS has
determined that the overall increase in costs and burdens due to this
rule will be minimal. Specifically, BIS expects the burden hours
associated with these collections will increase, slightly, by 7 hours
and 39 minutes (i.e., 15 applications x 30.6 minutes per response) for
a total estimated cost increase of $230 (i.e., 7 hours and 39 minutes x
$30 per hour). The $30 per hour cost estimate for OMB control number
0694-0088 is consistent with the salary data for export compliance
specialists currently available through glassdoor.com (glassdoor.com
estimates that an export compliance specialist makes $55,280 annually,
which computes to roughly $26.58 per hour). This increase is not
expected to exceed the existing estimates currently associated with OMB
control numbers 0694-0088 and 0694-0096.
    Written comments and recommendations for the information
collections referenced above should be sent within 30 days of the
publication of this final rule to: www.reginfo.gov/public/do/PRAMain.
Find these

particular information collections by selecting ``Currently under 30-
day Review--Open for Public Comments'' or by using the search function.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. As stated in the preamble of this final rule, the amendments
contained in this rule reflect a decision made at the Australia Group
(AG) Virtual Implementation Meeting session held in May 2021, and later
adopted pursuant to the AG's silence procedure. Therefore, pursuant to
Section 1762 of the Export Control Reform Act of 2018 (ECRA) (50 U.S.C.
Sec. 4821), this action is exempt from the Administrative Procedure Act
(APA) (5 U.S.C. 553) requirements for notice of proposed rulemaking,
opportunity for public participation and delay in effective date.
    Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this final rule by the
APA or any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) (5 U.S.C.
601 et seq.), are not applicable.
    Consistent with the emerging and foundational technologies notice
and comment requirements in Section 1758(a)(2)(C) of ECRA (50 U.S.C.
4817(a)(2)(C)), BIS published a proposed rule on November 6, 2020 (85
FR 71012), to provide the public with notice and the opportunity to
comment on its proposal to add a new ECCN 2D352 to the Commerce Control
List (CCL), for the purpose of controlling ``software'' for certain
nucleic acid synthesizers and assemblers for chemical/biological (CB)
reasons. In addition, consistent with the Regulatory Flexibility Act,
BIS prepared an initial regulatory flexibility analysis (IRFA) of the
impact that the proposed rule, if adopted, would have on small
businesses. The IRFA prepared by BIS requested comments on the analyses
and conclusions contained therein, including the overall conclusion
that the amendments in BIS's November 6 proposed rule would not have a
significant economic impact on a substantial number of small entities.
    BIS received comments from four respondents on its November 6
proposed rule--these comments and BIS's responses are summarized in the
preamble of this final rule. BIS did not receive any comments in
response to the analyses and conclusions contained in the IRFA for its
November 6 proposed rule. Accordingly, no regulatory flexibility
analysis is required for this final rule, and none has been prepared.

List of Subjects

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements, Terrorism.

    For the reasons stated in the preamble, parts 742 and 774 of the
Export Administration Regulations (15 CFR parts 730-774) are amended as
follows:

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
1. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 12, 2020, 85 FR 72897 (November
13, 2020).

0
2. Section 742.2 is amended by revising paragraphs (a)(2)(viii) and
(ix) to read as follows:

Sec.  742.2   Proliferation of chemical and biological weapons.

    (a) * * *
    (2) * * *
    (viii) Software identified in ECCN 2D351 or 2D352, as follows:
    (A) Dedicated software identified in ECCN 2D351 for the ``use'' of
toxic gas monitoring systems and their dedicated detecting components
controlled by ECCN 2B351;
    (B) Software designed for nucleic acid assemblers and synthesizers
controlled by 2B352.j that is capable of designing and building
functional genetic elements from digital sequence data.
    (ix) Technology identified in ECCN 2E001 for the ``development'' of
software controlled by ECCN 2D351 or 2D352.
* * * * *

PART 774--THE COMMERCE CONTROL LIST

0
3. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.

0
4. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, add an entry for ECCN 2D352 immediately following ECCN
2D351, and revise ECCN 2E001 to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
2D352 ``Software'' designed for nucleic acid assemblers and
synthesizers controlled by 2B352.j that is capable of designing and
building functional genetic elements from digital sequence data.

License Requirements

Reason for Control: CB, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

CB applies to entire entry................  CB Column 2.
AT applies to entire entry................  AT Column 1.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: N/A

List of Items Controlled

Related Controls: See ECCN 1E001 for ``development'' or ``production
``technology'' for genetic elements controlled by ECCN 1C353.
Related Definitions: See Section 772.1 of the EAR for the
definitions of ``software,'' ``program,'' and ``microprogram.''
Items: The list of items controlled is contained in the ECCN
heading.
* * * * *
2E001 ``Technology'' according to the General Technology Note for
the ``development'' of equipment or ``software'' controlled by 2A
(except 2A983, 2A984, 2A991, or 2A994), 2B (except 2B991, 2B993,
2B996, 2B997, 2B998, or 2B999), or 2D (except 2D983, 2D984, 2D991,
2D992, or 2D994).

License Requirements

Reason for Control: NS, MT, NP, CB, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to ``technology'' for items      NS Column 1.
 controlled by 2A001, 2B001 to 2B009,
 2D001 or 2D002.

MT applies to ``technology'' for items      MT Column 1.
 controlled by 2B004, 2B009, 2B104, 2B105,
 2B109, 2B116, 2B117, 2B119 to 2B122,
 2D001, or 2D101 for MT reasons.
NP applies to ``technology'' for items      NP Column 1.
 controlled by 2A225, 2A226, 2B001, 2B004,
 2B006, 2B007, 2B009, 2B104, 2B109, 2B116,
 2B201, 2B204, 2B206, 2B207, 2B209, 2B225
 to 2B233, 2D001, 2D002, 2D101, 2D201, or
 2D202 for NP reasons.
NP applies to ``technology'' for items      NP Column 2.
 controlled by 2A290, 2A291, or 2D290 for
 NP reasons.
CB applies to ``technology'' for equipment  CB Column 2.
 controlled by 2B350 to 2B352, valves
 controlled by 2A226 having the
 characteristics of those controlled by
 2B350.g, and software controlled by 2D351
 or 2D352.
AT applies to entire entry................  AT Column 1.

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions, and Validated End-User
authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: Yes, except N/A for MT

Special Conditions for STA

    STA: License Exception STA may not be used to ship or transmit
``technology'' according to the General Technology Note for the
``development'' of ``software'' specified in the License Exception
STA paragraph in the License Exception section of ECCN 2D001 or for
the ``development'' of equipment as follows: ECCN 2B001 entire
entry; or ``Numerically controlled'' or manual machine tools as
specified in 2B003 to any of the destinations listed in Country
Group A:6 (See Supplement No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See also 2E101, 2E201, and 2E301
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

    Note 1 to 2E001:  ECCN 2E001 includes ``technology'' for the
integration of probe systems into coordinate measurement machines
specified by 2B006.a.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-21493 Filed 10-4-21; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63767-63768]
[FR Doc No: 2015-26701]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC06-129-006.
    Applicants: Capital Research and Management Company, Capital Group
International, Inc.
    Description: Request for Amended Order Under Section 203 of the
Federal Power Act of Capital Research and Management Company, et al.
    Filed Date: 10/8/15.
    Accession Number: 20151008-5077.
    Comments Due: 5 p.m. ET 10/29/15.

    Docket Numbers: EC15-215-000.
    Applicants: RPA Energy, Inc.
    Description: Supplement to September 29, 2015 Application for
Authorization under Section 203 of the Federal Power Act and Request
for a Shortened Comment Period of RPA Energy, Inc.
    Filed Date: 10/7/15.
    Accession Number: 20151007-5247.
    Comments Due: 5 p.m. ET 10/16/15.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG16-5-000.
    Applicants: Seville Solar Two, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Seville Solar Two, LLC.
    Filed Date: 10/8/15.
    Accession Number: 20151008-5087.
    Comments Due: 5 p.m. ET 10/29/15.

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

    Docket Numbers: ER10-2331-040; ER14-630-017; ER10-2319-032; ER10-
2317-032; ER13-1351-014; ER10-2330-039.
    Applicants: J.P. Morgan Ventures Energy Corporation, AlphaGen Power
LLC, BE Alabama LLC, BE CA LLC, Florida Power Development LLC, Utility
Contract Funding, L.L.C.
    Description: Notice of Non-Material Change in Status of the J.P.
Morgan Sellers.
    Filed Date: 10/7/15.
    Accession Number: 20151007-5156.
    Comments Due: 5 p.m. ET 10/28/15.

    Docket Numbers: ER11-4380-005; ER13-1562-004; ER13-1641-002; ER10-
2434-006; ER10-2467-006; ER10-2488-012; ER12-1931-006; ER15-1045-
001;ER10-2504-007; ER12-610-007; ER13-338-006;ER12-2037-006; ER12-2314-
005; ER10-2436-006;ER11-4381-005.
    Applicants: Bellevue Solar, LLC, Catalina Solar Lessee, LLC,
Chestnut Flats Lessee, LLC, Fenton Power Partners I, LLC, Hoosier Wind
Project, LLC, Oasis Power Partners, LLC, Pacific Wind Lessee, LLC,
Pilot Hill Wind, LLC, Shiloh Wind Project 2, LLC, Shiloh III Lessee,
LLC, Shiloh IV Lessee, LLC, Spearville 3, LLC, Spinning Spur Wind LLC,
Wapsipinicon Wind Project, LLC, Yamhill Solar, LLC.
    Description: Notice of Change in Status of the EDF-RE MBR
Companies.
    Filed Date: 10/7/15.
    Accession Number: 20151007-5249.
    Comments Due: 5 p.m. ET 10/28/15.

    Docket Numbers: ER15-2426-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Amendment to August 12, 2015 Proposed Reactive Power
Revenue Requirements of Northern Indiana Public Service Company for
twelve generating facilities located in the MISO pricing zone under
ER15-2426.
    Filed Date: 10/7/15.
    Accession Number: 20151007-5243.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: ER16-34-000.
    Applicants: Harborside Energy, LLC.
    Description: Baseline eTariff Filing: Market Based Rate Tariff to
be effective 11/5/2015.
    Filed Date: 10/8/15.
    Accession Number: 20151008-5001.
    Comments Due: 5 p.m. ET 10/29/15.

    Docket Numbers: ER16-35-000.
    Applicants: Brown's Energy Services, LLC.
    Description: Baseline eTariff Filing: Market Based Rate Tariff to
be effective 11/5/2015.
    Filed Date: 10/8/15.
    Accession Number: 20151008-5002.
    Comments Due: 5 p.m. ET 10/29/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 8, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-26701 Filed 10-20-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Page 77073]
[FR Doc No: 2012-31266]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ13-4-000]

City of Banning, California; Notice of Filing

    Take notice that on November 12, 2012, City of Banning, California
submitted its tariff filing per 35.28(e): Filing 2013 TRBAA and ETC
Update to be effective 1/1/2013.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 26, 2012.

    Dated: December 20, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-31266 Filed 12-28-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Proposed Rules]
[Pages 55159-55163]
[FR Doc No: 2012-22040]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1042; Directorate Identifier 2010-NM-094-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain The Boeing Company Model 737-700, -700C, -800, and -
900ER series airplanes, Model 747-400F series airplanes, and Model 767-
200 and -300 series airplanes. That NPRM proposed to require an
inspection for affected serial numbers of the crew oxygen mask stowage
box units; and replacement of the crew oxygen mask stowage box unit
with a new crew oxygen mask stowage unit, if necessary. That NPRM was
prompted by reports indicating that certain crew oxygen mask stowage
box units were possibly delivered with a burr in the inlet fitting. The
burr might break loose during test or operation, and might pose an
ignition source or cause an inlet valve to jam. This action revises
that NPRM by adding a step to identify and label certain crew oxygen
mask stowage box units that have already been inspected and reworked by
the supplier, and allowing operators to install new or serviceable crew
oxygen mask stowage box units. We are proposing this supplemental NPRM
to prevent an ignition source, which could result in an oxygen-fed
fire; or an inlet valve jam in a crew oxygen mask stowage box unit,
which could result in restricted flow of oxygen. Since these actions
impose an additional burden over that proposed in the NPRM, we are
reopening the comment period to allow the public the chance to comment
on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by October
22, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For Boeing service information identified in this proposed AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. For Intertechnique service information
identified in this proposed AD, contact Zodiac, 2, rue Maurice Mallet--
92137 Issy-les-Moulineaux Cedex France; telephone +33 1 41 23 23 23;
fax +33 1 46 48 83 87; Internet http://www.zodiac.com. You may review
copies of the referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Susan L. Monroe, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1042;
Directorate Identifier 2010-NM-094-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that
would apply to certain The Boeing Company Model 737-700, -700C, -800,
and -900ER series airplanes, Model 747-400F series airplanes, and Model
767-200 and -300 series airplanes. That NPRM published in the Federal
Register on November 3, 2010 (75 FR 67637). That NPRM proposed to
require an inspection for affected serial numbers of the crew oxygen
mask stowage box units; and replacement of the crew oxygen mask stowage
box unit with a new crew oxygen mask stowage unit, if necessary.

Actions Since Previous NPRM (75 FR 67637, November 3, 2010) was Issued

    The NPRM (75 FR 67637, November 3, 2010) referred to the following
service information:

     Boeing Alert Service Bulletin 737-35A1121, dated December
14, 2009;

     Boeing Alert Service Bulletin 747-35A2126, dated October
8, 2009;
     Boeing Alert Service Bulletin 767-35A0057, dated October
8, 2009; and
     Intertechnique Service Bulletin MXP1/4-35-175, dated
September 11, 2009.
    After we issued the NPRM, the service information was revised:

     Boeing Alert Service Bulletin 737-35A1121, Revision 1,
dated November 7, 2011;
     Boeing Alert Service Bulletin 747-35A2126, Revision 1,
dated September 29, 2011;
     Boeing Alert Service Bulletin 767-35A0057, Revision 1,
dated November 17, 2011; and
     Intertechnique Service Bulletin MXP1/4-35-175, Revision 2,
dated May 10, 2011.

Among other things, the service information provides the following
changes:

     Adds a step to identify and label certain crew oxygen mask
stowage box units that have already been inspected and reworked by the
supplier; and
     Adds a provision to allow operators to install either new
or serviceable crew oxygen mask stowage box units.

Comments

    We gave the public the opportunity to comment on the previous NPRM
(75 FR 67637, November 3, 2010). The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for the Previous NPRM (75 FR 67637, November 3, 2010)

    Boeing, Air Line Pilots Association, International (ALPA), and
Delta Air Lines (Delta) supported the NPRM (75 FR 67637, November 3,
2010).

Request To Revise Compliance Time

    ALPA requested that we reduce the compliance time to 12 months
instead of 24 months, as proposed in the previous NPRM (75 FR 67637,
November 3, 2010). ALPA noted that certain crew oxygen mask stowage box
units were possibly delivered with a burr in the inlet fitting, which
might break loose during test or operation, and might pose an ignition
source or cause an inlet valve to jam, thus prohibiting or restricting
the flow of oxygen. ALPA reasoned that there could be a potential
serious nature of events involving fire and smoke, and that there is a
necessity to ensure functionality of this safety equipment for the
flightcrew.
    We disagree with the request to revise the compliance time in the
supplemental NPRM. The proposed compliance time is in line with the
manufacturer's recommended compliance time. Also, in developing the
proposed compliance time, we considered safety implications, parts
availability, and normal maintenance schedules for timely
accomplishment of replacement of the crew oxygen mask stowage box
units. Further, operators are permitted to accomplish the requirements
of an AD at a time earlier than the specified compliance time. If
additional data are presented that would justify a shorter compliance
time, we might consider further rulemaking on this issue. We have not
changed the supplemental NPRM in this regard.

Request for Clarification of Inspection

    Japan Airlines (JAL) requested that we revise the previous NPRM (75
FR 67637, November 3, 2010) to include the latest service information.
JAL explained that Intertechnique Service Bulletin MXP1/4-35-175, dated
September 11, 2009, does not describe how to differentiate parts before
and after the actions specified in Intertechnique Service Bulletin
MXP1/4-35-175, dated September 11, 2009, have been accomplished, so it
is not sufficient for operators to complete Intertechnique Service
Bulletin MXP1/4-35175, dated September 11, 2009.
    Continental Airlines (Continental) requested that we revise the
previous NPRM (75 FR 67637, November 3, 2010) to clarify which crew
oxygen mask stowage box units have been inspected, and which crew
oxygen mask stowage box units still need to be inspected. Continental
explained that some operators might think a placard should be applied
to all crew oxygen mask stowage box units after completion of
Intertechnique Service Bulletin MXP1/4-35-175, dated September 11,
2009, not only to those crew oxygen mask stowage box units with suspect
serial numbers itemized in table 1 of Intertechnique Service Bulletin
MXP1/4-35-175, dated September 11, 2009. Continental based this
assertion on the assumption that, when a suspect crew oxygen mask
stowage box unit is found with the placard already installed, it has
already been re-worked and has since been returned to service.
    We agree to include the revised service information in the
supplemental NPRM. We have explained the revised service information in
the ``Actions Since Previous NPRM was Issued'' section of this
supplemental NPRM. The revised service information addresses the issues
raised by JAL and Continental. We have revised the paragraphs
specifying service information in this supplemental NPRM accordingly.

Request for Clarification Regarding Service Information for Other
Models

    Continental questioned why Boeing did not release service bulletins
for other fleet types using the same part numbers listed in
Intertechnique Service Bulletin MXP1/4-35-175, dated September 11,
2009. Continental explained that it has other fleets (for example,
Model 737-500, 757-200, and 757-300 airplanes) that have the same crew
oxygen mask stowage box unit part numbers, as delivered from Boeing.
Continental reasoned that, because crew oxygen mask stowage box units
are often swapped from aircraft to aircraft and borrowed from operator
to operator, it will not only be inspecting its entire Model 737NG
(next generation) fleet, but its other fleet types for these suspect
serial numbers.
    We find that clarification is necessary. Some airplanes were
delivered with the affected part numbers and were not included in the
applicability of the supplemental NPRM, because the manufacturing
defect occurred in the time period from July 12, 2007, through November
20, 2007. Certain airplanes were not included in the service
information because they were delivered prior to the time interval of
the defect, thus were not included in the applicability of the
supplemental NPRM.
    Also, we now understand that the components identified with the
manufacturing defect may have been installed on airplanes outside the
effectivity of the service information after delivery (e.g., during
maintenance activity). We are working to evaluate the associated risk
and the need for additional action. We might consider further
rulemaking to address our findings. We have not changed the
supplemental NPRM in this regard.

Request for Alternative Method of Compliance (AMOC)

    Continental stated that, if a later revision of the referenced
service information is released, it would request approval of an AMOC
because of minor discrepancies found in the original service
information. Continental explained that it understood Revision 1 of the
service information was going to be released prior to the issuance of
any rulemaking, and that it has conveyed the minor discrepancies to
Boeing.
    As stated previously, we have revised this supplemental NPRM to
refer to the revised service information--which addresses the
discrepancies identified by Continental.

Request for Clarification

    AVOX Systems Inc. (Avox) requested that we revise the NPRM (75 FR
67637, November 3, 2010) to include certain words, phrases, and
deletions as follows:
     Where the NPRM (75 FR 67637, November 3, 2010) proposed to
require replacing crew oxygen mask stowage box units, Avox requested
specifying these units as `affected.'
     Where the NPRM (75 FR 67637, November 3, 2010) proposed to
require replacing with a new crew oxygen mask stowage box unit, Avox
requested specifying replacement with a new `or reworked' crew oxygen
mask stowage box unit.
     Where the NPRM (75 FR 67637, November 3, 2010) proposed to
require replacing with a new crew oxygen mask stowage box unit, Avox
requested adding ``as required.'' Avox explained that, for crew oxygen
mask stowage box units located on an airplane, it makes sense that
these crew oxygen mask stowage box units should be inspected to
determine if the crew oxygen mask stowage box unit is affected by the
NPRM. If determined to be affected, the crew oxygen mask stowage box
units should be removed and replaced with compliant crew oxygen mask
stowage box units.
    We partially agree with the request. We agree to designate units as
``affected,'' throughout the AD because that term adds clarity. We
disagree to replace ``if necessary'' in the preamble of this
supplemental NPRM with ``as required,'' because this phrase does not
add clarity. We also disagree to add ``or reworked'' because we have
revised paragraph (g)(1) of this AD to clarify that replacement crew
oxygen mask stowage box units must be ``new or serviceable.''

Request To Allow Rework at Repair Station and Return to Service

    Avox requested that we revise the NPRM (75 FR 67637, November 3,
2010) to allow for removed crew oxygen mask stowage box units to be
sent to an authorized repair station to be reworked and returned to
service.
    We partially agree with the request. We note that Intertechnique
Service Bulletin MXP1/4-35-175, Revision 2, dated May 10, 2011,
provides for return of the crew oxygen mask stowage box units to four
authorized Intertechnique locations. However, we have not changed this
supplemental NPRM in this regard.

Request To Include Inspection/Replacement of Spare Crew Oxygen Mask
Stowage Box Units

    Avox also requested that we revise the NPRM (75 FR 67637, November
3, 2010) to include an inspection and replacement of spare crew oxygen
mask stowage box units. Avox explained that, for crew oxygen mask
stowage box units located in storage as spares, it makes sense that
these crew oxygen mask stowage box units should be inspected to
determine if the unit is affected by the NPRM. If determined to be
affected, the crew oxygen mask stowage box unit should be removed from
storage and sent to an authorized repair station to be reworked and
returned to service.
    We disagree with the request. Section 39.3 of the Federal Aviation
Regulations (14 CFR 39.3) does not permit ADs to be written against
parts that are not installed on an airplane. Therefore, paragraph (h)
of this supplemental NPRM does not allow an affected spare unit to be
installed on any airplane. We have not changed this supplemental NPRM
in this regard.

Request for Review of Airplane Maintenance Records Inspection and Spare
Parts

    Delta requested that we revise paragraphs (g) and (h) of the NPRM
(75 FR 67637, November 3, 2010) to include the option of conducting a
review of airplane or component maintenance records, or spare parts
purchase records, to demonstrate that an airline does not operate or
own any crew oxygen mask stowage box units that were manufactured in
the date range listed in the service information in the NPRM. Delta
proposed that this action be an acceptable method of compliance in lieu
of a visual inspection to show that airplane or spare crew oxygen mask
stowage box units are not affected by the NPRM. Delta reasoned that
affected crew oxygen mask stowage box unit part numbers can be
verified, as required by the NPRM, to be not applicable by a part and
serial number inspection or records review, or by review of purchase
order records that verify the date of manufacture does not fall in the
affected manufacturing date range.
    We disagree with the request to include a review of airplane
maintenance records or spare parts purchase records. Section 39.3 of
the Federal Aviation Regulations (14 CFR 39.3) does not permit ADs to
be written against parts that are not installed on an airplane.
Therefore, an AD cannot require that operators inspect, repair, or
modify a ``spare part.'' Also, because of the rotability of these
parts, a component level record review may not sufficiently address the
required action in the supplemental NPRM. As the previous NPRM (75 FR
67637, November 3, 2010) specified, it is still acceptable to conduct a
review of airplane maintenance records in lieu of the inspection in
paragraph (g) of this supplemental NPRM, if the serial number of the
crew oxygen mask stowage box unit can be conclusively determined from
that review. Operators may apply for approval of an AMOC for these
actions in accordance with the provisions of paragraph (i) of this
supplemental NPRM, if sufficient data are submitted to substantiate
that the change would provide an acceptable level of safety. We have
not changed the supplemental NPRM in this regard.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs. Certain changes described above expand the scope of
the original NPRM (75 FR 67637, November 3, 2010). As a result, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this supplemental
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 40 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  1 work-hour x $85 per   None.............  $85 per            $3,400 per
                                  hour = $85 per                             inspection cycle.  inspection
                                  inspection cycle.                                             cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2010-1042; Directorate Identifier
2010-NM-094-AD.

(a) Comments Due Date

    We must receive comments by October 22, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in paragraphs (c)(1), (c)(2), and (c)(3)
of this AD.
    (1) Model 737-700, -700C, -800, -900ER series airplanes, as
identified in Boeing Alert Service Bulletin 737-35A1121, Revision 1,
dated November 7, 2011.
    (2) Model 747-400F series airplanes, as identified in Boeing
Alert Service Bulletin 747-35A2126, Revision 1, dated September 29,
2011.
    (3) Model 767-200 and -300 series airplanes, as identified in
Boeing Alert Service Bulletin 767-35A0057, Revision 1, dated
November 17, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by reports indicating that certain crew
oxygen mask stowage box units were possibly delivered with a burr in
the inlet fitting. The burr may break loose during test or operation
and might pose an ignition source or cause an inlet valve to jam. We
are issuing this AD to prevent an ignition source, which could
result in an oxygen-fed fire; or an inlet valve to jam in a crew
oxygen mask stowage box unit, which could result in restricted flow
of oxygen.

(f) Compliance

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

(g) Inspection and Corrective Action

    Within 24 months after the effective date of this AD: Do a
general visual inspection to determine if the serial number of the
crew oxygen mask stowage box unit is identified in the Appendix of
Intertechnique Service Bulletin MXP1/4-35-175, Revision 2, dated May
10, 2011, in accordance with the Accomplishment Instructions of the
applicable Boeing alert service bulletin specified in paragraph
(c)(1), (c)(2), or (c)(3) of this AD. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
serial number of the crew oxygen mask stowage box unit can be
conclusively determined from that review.
    (1) If any crew oxygen mask stowage box unit has a serial number
identified in table 1 of the Appendix of Intertechnique Service
Bulletin MXP1/4-35-175, Revision 2, dated May 10, 2011: Before
further flight, replace the crew oxygen mask stowage box unit with a
new or serviceable unit, in accordance with the Accomplishment
Instructions of the applicable Boeing alert service bulletin
specified in paragraph (c)(1), (c)(2), or (c)(3) of this AD.
    (2) If any crew oxygen mask stowage box unit has a serial number
identified in table 2 of the Appendix of Intertechnique Service
Bulletin MXP1/4-35-175, Revision 2, dated May 10, 2011: Before
further flight, add the letter ``I'' to the end of the serial number
(identified as ``SER'') on the identification label, in accordance
with the Accomplishment Instructions of Intertechnique Service
Bulletin MXP1/4-35-175, Revision 2, dated May 10, 2011; and
reinstall in accordance with the Accomplishment Instructions of the
applicable Boeing alert service bulletin specified in paragraph
(c)(1), (c)(2), or (c)(3) of this AD.
    (3) If no crew oxygen mask stowage box unit has a serial number
identified in the Appendix of Intertechnique Service Bulletin MXP1/
4-35-175, Revision 2, dated May 10, 2011: Before further flight,
reinstall the crew oxygen mask stowage box unit, in accordance with
the Accomplishment Instructions of the applicable Boeing alert
service bulletin specified in paragraph (c)(1), (c)(2), or (c)(3) of
this AD.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a
crew oxygen mask stowage box unit with a serial number listed in the
Appendix of Intertechnique Service Bulletin MXP1/4-35-175, Revision
2, dated May 10, 2011, on any airplane.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Susan L. Monroe,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601
Lind

Avenue SW., Renton, Washington 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com. For Intertechnique service
information identified in this AD, contact Zodiac, 2, rue Maurice
Mallet--92137 Issy-les-Moulineaux Cedex France; telephone +33 1 41
23 23 23; fax +33 1 46 48 83 87; Internet http://www.zodiac.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 31, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-22040 Filed 9-6-12; 8:45 am]
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