[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Rules and Regulations]
[Pages 40954-40956]
[FR Doc No: 2013-15946]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0553; Directorate Identifier 2011-SW-041-AD;
Amendment 39-17502; AD 2013-13-14]
RIN 2120-AA64

Airworthiness Directives; Various Restricted Category Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for various
restricted category Model HH-1K, TH-1F, TH-1L, UH-1A, UH-1B, UH-1E, UH-
1F, UH-1H, UH-1L, and UH-1P helicopters with certain main rotor hub
inboard strap fittings (fittings) installed. This AD requires a
magnetic particle inspection (MPI) of the fittings for a crack, and if
there is a crack, replacing the fitting with an airworthy fitting. This
AD is prompted by reports of cracked fittings on Bell model helicopters
and the determination that these same part-numbered fittings may be
installed on various restricted category helicopters. These actions are
intended to detect a crack in a fitting, which may lead to failure of a
fitting, loss of a main rotor blade, and subsequent loss of helicopter
control.

DATES: This AD becomes effective July 24, 2013.
    We must receive comments on this AD by September 9, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the economic evaluation, any
comments received, and other information. The street address for the
Docket Operations Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
    For service information identified in this AD, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, telephone
(817) 280-3391, fax<PHONE_NUMBER>, or at www.bellcustomer.com. You may
review the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort
Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Michael Kohner, Aerospace Engineer,
FAA, Rotorcraft Directorate, Rotorcraft Certification Office, 2601
Meacham Blvd., Fort Worth, Texas, 76137, phone:<PHONE_NUMBER>; fax:
(817) 222-5783; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. We will file in the docket all comments that
we receive, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    On January 28, 2013, we issued AD 2013-03-16, Amendment 39-17339
(78 FR 9793, February 12, 2013), for Bell Model 204B, 205A, 205A-1,
205B, 210, and 212 helicopters with certain part-numbered fittings
installed. AD 2013-03-16 requires a one-time MPI of the fittings for a
crack, replacing the fittings with airworthy fittings if there is a
crack, and re-identifying the fitting by adding ``FM'' to the end of
its part-number (P/N) if there is no crack. The AD was prompted by
reports of cracks in the fittings. The cracking was determined to have
been caused by the manufacturer's failure to follow approved
manufacturing processes and controls during the quenching operation
from the heat treating of the fittings.
    After AD 2013-03-16 was issued, we determined that the same part-
numbered Bell fittings may be installed on various restricted category
Model HH-1K, TH-1F, TH-1L, UH-1A, UH-1B, UH-1E, UH-1F, UH-1H, UH-1L,
and UH-1P helicopters and are susceptible to the same type of cracking.
Therefore, we are mandating the inspection requirements for the
applicable restricted category helicopters. While Bell is the
manufacturer of these helicopters, the type certificates are held by
other entities. The type certificate holders for the Model HH-1K, TH-
1F, TH-1L, UH-1A, UH-1B, UH-1E, UH-1F, UH-1H, UH-1L, and UH-1P
helicopters are: Arrow Falcon Exporters Inc.; AST, Inc.; Bell
Helicopter Textron, Inc..; Global Helicopter Technology, Inc.; Hagglund
Helicopters, LLC; JJASPP Engineering Services, LLC; Northwest
Rotorcraft, LLC; Overseas Aircraft Support, Inc.; Richards Heavylift
Helo, Inc.; Robinson Air Crane, Inc.; Rotorcraft Development
Corporation; San Joaquin Helicopters; Southern Helicopter, Inc.; and
Tamarack Helicopters, Inc. Southwest Florida Aviation International,
Inc. is the type certificate holder for the UH-1B (SW204 and SW204HP)
and UH-1H (SW205) helicopters.
    The actions specified in this AD are intended to detect a crack in
a fitting, leading to a failure of the fitting, loss of a main rotor
blade, and subsequent loss of helicopter control.

FAA's Determination

    We are issuing this AD 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.

Related Service Information

    We have reviewed Bell Alert Service Bulletin (ASB) No. UH-1H-11-07
for Model UH-1H helicopters, dated May 31, 2011. The procedures
provided in

this ASB concern all applicable helicopters. This ASB specifies:
     For fittings with less than 400 hours time-in-service
(TIS), performing an MPI within 100 flight hours but before the fitting
reaches 425 flight hours or before November 26, 2011, whichever occurs
first.
     For fittings with more than 400 hours, performing an MPI
within 25 flight hours or before November 26, 2011, whichever occurs
first.
     If cracks are found, replacing the fitting.
     If no cracks are found, visually inspecting all edges for
raised material. If raised material is found, removing the material by
hand using an India stone, repeating the MPI inspection, and re-
identifying the fitting as described below. If the raised material
cannot be removed within specified limits, replacing the fitting.
     If no cracks and no raised material are found, re-
identifying the fitting and historical service records by adding an
``FM'' at the end of the part number and marking a record entry.

AD Requirements

    This AD requires:
     Within 25 hours TIS or 15 days, whichever comes first,
performing an MPI of each fitting for a crack.
     If a fitting has a crack, before further flight, replacing
the fitting with an airworthy fitting.
     If a fitting has no crack, re-identifying the fitting and
its component history card or equivalent record by adding ``FM'' at the
end of the P/N.

Differences Between This AD and the Service Information

    This AD differs from the ASBs in that we require an MPI within 25
hours TIS or 15 days, whichever comes first, of any fitting with an
applicable P/N and S/N. Bell requires different compliance times based
on the hours TIS of the fitting. We also do not require returning parts
to Bell. Finally, we do not require visually inspecting all edges for
raised material (shot peen rollover) on fittings with a certain P/N.

Interim Action

    We consider this AD to be an interim action. Bell is investigating
the safety risks regarding the raised material at the fittings' edges.
Depending on the outcome of the investigation, we might consider
additional rulemaking.

Costs of Compliance

    We estimate that this AD affects 300 helicopters of U.S. registry
and that labor costs average $85 per work-hour. Based on these
estimates, we expect the following costs to comply with this AD:
     MPI of each set of fittings (two per helicopter) requires
40 work-hours for a labor cost of $3,400 per helicopter, $1,020,000 for
the fleet. No parts are needed.
     If a fitting is cracked, replacement parts will cost
$2,367 per fitting. Labor costs will not be an additional expense as
they can be absorbed as part of the inspection.

FAA's Justification and Determination of the Effective Date

    We find that the risk to the flying public justifies waiving notice
and comment prior to the adoption of this rule because of the short
compliance time of 25 hours TIS or 15 days, whichever comes first, to
magnetic particle inspect for a crack in the fitting. As these
helicopters are often used in the timber industry and for firefighting,
they may accrue 25 hours TIS within a week. Failure of these fittings
could result in a catastrophic accident.
    Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in less than 30 days.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2013-13-14 Various Restricted Category Helicopters: Amendment 39-
17502; Docket No. FAA-2013-0553; Directorate Identifier 2011-SW-041-
AD.

(a) Applicability

    This AD applies to Arrow Falcon Exporters Inc.; AST, Inc.; Bell
Helicopter Textron, Inc.; Global Helicopter Technology, Inc.;
Hagglund Helicopters, LLC; JJASPP Engineering Services, LLC;
Northwest Rotorcraft, LLC; Overseas Aircraft Support, Inc.; Richards
Heavylift Helo, Inc.; Robinson Air Crane, Inc.; Rotorcraft
Development Corporation; San Joaquin Helicopters; Southern
Helicopter, Inc.; and Tamarack Helicopters, Inc. Model HH-1K, TH-1F,
TH-1L, UH-1A, UH-1B, UH-1E, UH-1F, UH-1H, UH-1L, and UH-1P
helicopters, and Southwest Florida Aviation International, Inc.,
Model UH-1B (SW204 and SW204HP) and UH-1H (SW205) helicopters,
certificated in any category, with a main rotor hub inboard strap
fitting (fitting) with a part number (P/N) and serial number (S/N)
listed in Table 1 to paragraph (a) of this AD.

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
               Fitting P/Ns                         Fitting S/Ns
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204-012-102-001..........................  All.
204-012-102-005..........................  All.
204-012-102-009..........................  All, except 7500 or larger
                                            with a prefix of ``A'' or
                                            ``A-FS.''
------------------------------------------------------------------------

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the fitting
and the determination that the applicable fittings may not have been
manufactured in accordance with approved manufacturing processes and
controls. This condition could result in failure of a fitting, loss
of a main rotor blade, and loss of helicopter control.

(c) Effective Date

    This AD becomes effective July 24, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 25 hours time-in-service or 15 days, whichever occurs
first:
    (1) Perform a magnetic particle inspection (MPI) of each fitting
for a crack. If an MPI was already performed on a fitting resulting
in re-identifying the fitting with ``FM'' at the end of the P/N or
at the end of the P/N on the fitting's component history card or
equivalent record, then the requirements of this AD have been met.
    (2) If a fitting is cracked, before further flight, replace it
with an airworthy fitting.
    (3) If a fitting is not cracked, before further flight, re-
identify the fitting by adding ``FM'' at the end of the P/N using a
vibrating stylus. The depth of the ``FM'' must not exceed 0.005
inches or extend within 0.10 inch of the part's edge. Also, add
``FM'' at the end of the P/N on the fitting's component history card
or equivalent record.

 (f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Certification Office, FAA, may
approve AMOCs for this AD. Send your proposal to: Michael Kohner,
Aerospace Engineer, FAA, Rotorcraft Directorate, Rotorcraft
Certification Office, 2601 Meacham Blvd., Fort Worth, Texas, 76137,
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    Bell Alert Service Bulletin (ASB) No. UH-1H-11-07, dated May 31,
2011, which is not incorporated by reference, contain additional
information about the subject of this AD. For this service
information, contact Bell Helicopter Textron, Inc., P.O. Box 482,
Fort Worth, TX 76101, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>,
or at www.bellcustomer.com. You may review this service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas 76137.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6220, Main Rotor
Head.

    Issued in Fort Worth, Texas, on June 18, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-15946 Filed 7-8-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Notices]
[Pages 5602-5604]
[FR Doc No: 2015-01862]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74144; File No. SR-CBOE-2015-009]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Regarding the Short Term Option Series Program

January 27, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that, on January 21, 2015, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend Rule 5.5(d) (Short Term Option Series
Program) to extend current $0.50 strike price intervals in non-index
options to short term options with strike prices less than $100.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx),
at the Exchange's Office of the Secretary, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its rules governing the Short Term
Option Series Program to introduce finer strike price intervals for
certain short term options. In particular, the Exchange proposes to
amend Rule 5.5(d) to extend $0.50 strike price intervals in non-index
options to short term options with strike prices less than $100 instead
of the current $75. This proposed change is intended to eliminate
gapped strikes between $75 and $100 that result from conflicting strike
price parameters under the Short Term Option Series and $2.50 Strike
Price Programs as described in more detail below. This is a competitive
filing that is based on a recently approved filing by the International
Securities Exchange, LLC (``ISE'').\5\
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    \5\ See Securities Exchange Act Release No. 73999 (January 6,
2015), 80 FR 1559 (January 12, 2015) (Order Granting Approval of
Proposed Rule Change Regarding the Short Term Option Series Program)
(SR-ISE-2014-52).
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    Under CBOE's rules, the Exchange may list short term options in up
to fifty option classes in addition to option classes that are selected
by other securities exchanges that employ a similar program under their
respective rules.\6\ On any Thursday or Friday that is a business day,
the Exchange may list short term option series in designated option
classes that expire at the close of business on each of the next five
Fridays that are business days and are not Fridays in which monthly or
quarterly options expire.\7\ These short term option series trade in
$0.50, $1, or $2.50 strike price intervals depending on the strike
price and whether the option trades in dollar increments in the related
monthly

expiration.\8\ Specifically, short term options in non-index option
classes admitted to the Short Term Options Series Program currently
trade in: (1) $0.50 or greater strike price intervals where the strike
price is less than $75, and $1 or greater where the strike price is
between $75 and $150 for all classes that participate in the Short Term
Option Series Program; (ii) $0.50 strike price intervals for classes
that trade in one dollar increments in non-Short Term Options and that
participate in the Short Term Option Series Program; or (iii) $2.50 or
higher strike price intervals where the strike price is above $150.
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    \6\ See Rule 5.5(d)(1).
    \7\ See Rule 5.5(d).
    \8\ See Rule 5.5(d)(5).
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    The Exchange also operates a $2.50 Strike Price Program that
permits the Exchange to select up to sixty options classes on
individual stocks to trade in $2.50 strike price intervals, in addition
to option classes selected by other securities exchanges that employ a
similar program under their respective rules.\9\ Monthly expiration
options in classes admitted to the $2.50 Strike Price Program trade in
$2.50 intervals where the strike price is (1) greater than $25 but less
than $50; or (2) between $50 and $100 if the strikes are no more than
$10 from the closing price of the underlying stock in its primary
market on the preceding day.\10\ These strike price parameters conflict
with strike prices allowed for short term options as dollar strikes
between $75 and $100 otherwise allowed under the Short Term Option
Series Program may be within $0.50 of strikes listed pursuant to the
$2.50 Strike Price Program. In order to remedy this conflict, the
Exchange proposes to extend the $0.50 strike price intervals currently
allowed for short term options with strike prices less than $75 to
short term options with strike prices less than $100. With this
proposed change, short term options in non-index option classes will
trade in: (1) $0.50 or greater strike price intervals where the strike
price is less than $100, and $1 or greater where the strike price is
between $100 and $150 for all classes that participate in the Short
Term Option Series Program; (ii) $0.50 strike price intervals for
classes that trade in one dollar increments in non-Short Term Options
and that participate in the Short Term Option Series Program; or (iii)
$2.50 or higher strike price intervals where the strike price is above
$150.
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    \9\ See Rule 5.5.05(a) ($2.50 Strike Price Program).
    \10\ See Rule 5.5.05(b).
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 2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\11\ In particular, the proposal is consistent with Section 6(b)(5)
of the Act,\12\ because it is designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanisms
of a free and open market and a national market system and, in general,
to protect investors and the public interest.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    During the month prior to expiration, the Exchange is permitted to
list related monthly option contracts in the narrower strike price
intervals available for short term option series.\13\ After
transitioning to short term strike price intervals, however, monthly
options that trade in $2.50 intervals between $50 and $100 under the
$2.50 Strike Price Program, trade with dollar strikes between $75 and
$150. Due to the overlap of $1 and $2.50 intervals, the Exchange cannot
list certain dollar strikes between $75 and $100 that conflict with the
prior $2.50 strikes.
---------------------------------------------------------------------------

    \13\ See Rule 5.5(d)(6).
---------------------------------------------------------------------------

    For example, if the Exchange initially listed monthly options on
ABC with $75, $77.50, and $80 strikes, the Exchange could list the $76
and $79 strikes when these transition to short term intervals. The
Exchange would not be permitted to list the $77 and $78 strikes,
however, as these are $0.50 away from the $77.50 strike already listed
on the Exchange. This creates gapped strikes between $75 and $100,
where investors are not able to trade otherwise allowable dollar
strikes on the Exchange. Similarly, these conflicting strike price
parameters create issues for investors who want to roll their positions
from monthly to weekly expirations.
    In the example above, for instance, an investor that purchased a
monthly ABC option with a $77.50 strike price would not be able to roll
that position into a later short term expiration with the same strike
price as that strike is unavailable under current Short Term Option
Series Program rules. Permitting $0.50 intervals for short term options
up to $100 would remedy both of these issues as strikes allowed under
the $2.50 Strike Price Program would not conflict with the finer $0.50
strike price interval.
    The Short Term Option Series Program has been well-received by
market participants and the Exchange believes that introducing finer
strike price intervals for short term options with strike prices
between $75 and $100, and thereby eliminating the gapped strikes
described above, will benefit these market participants by giving them
more flexibility to closely tailor their investment and hedging
decisions.
    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority (``OPRA'') have the necessary systems
capacity to handle any potential additional traffic associated with
this proposed rule change. The Exchange believes that its members will
not have a capacity issue as a result of this proposal. The Exchange
also represents that it does not believe this expansion will cause
fragmentation of liquidity.

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. As described above, the current
rule change is being proposed as a competitive response to a recently
approved ISE filing. Also, the Exchange believes that the proposed rule
change will result in additional investment options and opportunities
to achieve the investment objectives of market participants seeking
efficient trading and hedging vehicles, to the benefit of investors,
market participants, and the marketplace in general. Finally, the
Exchange believes that the proposed rule change is necessary to permit
fair competition among the options exchanges with respect to the Short
Term Option Series Program.

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 written 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, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A)

of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 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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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange stated that waiver of this requirement will allow
the Exchange to compete with other exchanges with similar provisions
without putting the Exchange at a competitive disadvantage. For this
reason, the Commission believes that the proposed rule change allowing
the Exchange to open additional series of individual stock and ETF
options in $.50 strike price intervals up to $100 in the same manner as
other exchanges presents no novel issues and that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest; and will allow the Exchange to remain competitive with
other exchanges. Therefore, the Commission designates the proposed rule
change to be operative upon filing.\16\
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    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2015-009 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2015-009. 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-CBOE-2015-009 and should be
submitted on or before February 23, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-01862 Filed 1-30-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Proposed Rules]
[Pages 44508-44510]
[FR Doc No: 2018-18812]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0763; Product Identifier 2018-NM-052-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 787-8 and 787-9 airplanes. This
proposed AD was prompted by a determination that certain areas in the
tire/wheel threat zones could be susceptible to damage, which could
result in loss of braking on one main landing gear (MLG) truck, loss of
nose wheel steering, and loss of directional control on the ground when
below rudder effectiveness speed. This proposed AD would require
installing hydraulic tubing, a pressure-operated check valve, and new
flight control software. We are proposing this AD to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by October 15,
2018.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2018-0763.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0763; 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 NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer,
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South
216th Street, Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0763;
Product Identifier 2018-NM-052-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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

    Boeing determined that certain areas in the tire/wheel threat zones
could be susceptible to damage due to a thrown tire tread or tire
burst. This could result in a loss of braking on one MLG truck, loss of
nose wheel steering, and loss of directional control on the ground when
below rudder effectiveness speed. The Model 787 hydraulic system is
configured with a reserve steering system intended to maintain the nose
wheel steering function in the event that a thrown tire tread or tire
burst leads to a brake system failure such that differential braking
cannot be used for directional control. Boeing has determined that
damage from a MLG thrown tire tread or tire burst event could also
result in the loss of the reserve steering system, resulting in loss of
directional control on the ground and consequent runway excursion.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletins B787-81205-SB290032-00
and B787-81205-SB290033-00, both Issue 001, both dated November 17,
2017. This service information describes procedures for installing
hydraulic tubing and installing a pressure-operated check valve. These
documents are distinct since they apply to different airplane models.
    We also reviewed Boeing Alert Service Bulletin B787-81205-SB270039-
00, Issue 002, dated March 8, 2018. This service information describes
procedures for installing new flight control software.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions
identified as ``RC'' (required for compliance) in the Accomplishment
Instructions of the service information described previously, except
for any differences identified as exceptions in the regulatory text of
this proposed AD.
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0763.

Difference Between This Proposed AD and the Service Information

    This proposed AD would require the software installation specified
in Boeing Alert Service Bulletin B787-81205-SB270039-00, Issue 002,
dated March 8, 2018, prior to or concurrently with the tubing and valve
installation on Model 787-9 airplanes. The effectivity in this service
information applies to Model 787-8 and 787-9 airplanes; however, this
proposed AD would only require those actions be accomplished on Model
787-9 airplanes.

Possible Additional Rulemaking for Software Installation

    We are considering additional rulemaking for Model 787-8 and 787-9
airplanes to require the software installation specified in Boeing
Alert Service Bulletin B787-81205-SB270039-00, Issue 002, dated March
8, 2018, within a compliance time that may occur earlier than that for
the tubing and valve installation specified in this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 87 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
            Action                 Labor cost       Parts cost       Cost per        affected      Cost on U.S.
                                                                      product        airplanes       operators
----------------------------------------------------------------------------------------------------------------
Tubing and Pressure-operated    37 work-hours x          $55,940         $59,085               7        $413,595
 Check Valve installation for    $85 per hour =
 Model 787-8 airplanes (Groups   $3,145.
 1 and 3).
Tubing and Pressure-operated    36 work-hours x           55,940          59,000               0               0
 Check Valve installation for    $85 per hour =
 Model 787-8 airplanes (Group    $3,060.
 2).
Tubing and Pressure-operated    33 work-hours x           55,940          58,745              47       2,761,015
 Check Valve installation for    $85 per hour =
 Model 787-8 airplanes (Groups   $2,805.
 4 through 6).
Tubing and Pressure-operated    36 work-hours x           55,940          59,000              33       1,947,000
 Check Valve installation for    $85 per hour =
 Model 787-9 airplanes (Groups   $3,060.
 1 through 4).
Software installation for       2 work-hours x                 0             170              33           5,610
 Model 787-9 airplanes.          $85 per hour =
                                 $170.
----------------------------------------------------------------------------------------------------------------

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

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

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2018-0763; Product Identifier
2018-NM-052-AD.

(a) Comments Due Date

    We must receive comments by October 15, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in paragraphs (c)(1) and (c)(2) of this
AD.
    (1) Model 787-8 airplanes identified in Boeing Alert Service
Bulletin B787-81205-SB290032-00, Issue 001, dated November 17, 2017.
    (2) Model 787-9 airplanes identified in Boeing Alert Service
Bulletin B787-81205-SB290033-00, Issue 001, dated November 17, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
Power.

(e) Unsafe Condition

    This AD was prompted by a determination that certain areas in
the tire/wheel threat zones could be susceptible to damage, which
could result in loss of braking on one main landing gear (MLG)
truck, loss of nose wheel steering, and loss of directional control
on the ground when below rudder effectiveness speed. We are issuing
this AD to address damage from a MLG thrown tire tread or tire burst
event, which could result in loss of directional control on the
ground and consequent runway excursion.

(f) Compliance

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

(g) Required Actions

    (1) At the applicable time specified in paragraph 5,
``Compliance,'' of Boeing Alert Service Bulletin B787-81205-
SB290032-00, Issue 001, dated November 17, 2017 (for Model 787-8
airplanes); or Boeing Alert Service Bulletin B787-81205-SB290033-00,
Issue 001, dated November 17, 2017 (for Model 787-9 airplanes); as
applicable; except as specified in paragraph (i) of this AD: Do all
applicable actions identified as ``RC'' (required for compliance)
in, and in accordance with, the Accomplishment Instructions of
Boeing Alert Service Bulletin B787-81205-SB290032-00, Issue 001,
dated November 17, 2017; or Boeing Alert Service Bulletin B787-
81205-SB290033-00, Issue 001, dated November 17, 2017, as
applicable.
    (2) For Model 787-9 airplanes: Prior to or concurrently with
accomplishing the actions required by paragraph (g)(1) of this AD,
do all applicable actions (including software installation)
identified as RC, in accordance with the Accomplishment Instructions
of Boeing Alert Service Bulletin B787-81205-SB270039-00, Issue 002,
dated March 8, 2018.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (g)(2) of this AD, if those actions were performed before
the effective date of this AD using Boeing Alert Service Bulletin
B787-81205-SB270039-00, Issue 001, dated July 31, 2017.

(i) Exception to Service Information

    For purposes of determining compliance with the requirements of
this AD: Where the service information identified in paragraph
(g)(1) of this AD uses the phrase ``the Issue 001 date on this
service bulletin,'' this AD requires using ``the effective date of
this AD.''

(j) Alternative Methods of Compliance (AMOCs)

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

(k) Related Information

    (1) For more information about this AD, contact Kelly McGuckin,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3546; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on August 17, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-18812 Filed 8-30-18; 8:45 am]
 BILLING CODE 4910-13-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Wednesday, June 29, 2022 11:18 AM
To:
<EMAIL_ADDRESS>Cc:
STUCKEY, MATT<EMAIL_ADDRESS><EMAIL_ADDRESS>Dowd, Michael (DEQ<EMAIL_ADDRESS>Fernandez, Cristina<EMAIL_ADDRESS>Mooney, John<EMAIL_ADDRESS><EMAIL_ADDRESS>French, Chuck<EMAIL_ADDRESS>Coke ICR2<EMAIL_ADDRESS>Subject:
CAA section 114 request for Coke Ovens RTR - email for SunCoke

Hello Ms. Batten,

I hope this email finds you well. Attached you'll find a Clean Air Act Section (CAA) section 114 information and test request letter signed on June 28, 2022, that requests information from SunCoke's East Chicago, IN, Vansant, VA, and Franklin Furnace, OH, coke oven battery facilities. Please read the letter carefully and respond to this email acknowledging your receipt of the letter. Along with the letter I have attached the following files:

-- Enclosures 1&2 as PDF files
-- Enclosures #3 through #9 as a combined PDF file (these are standard enclosures we include with all section 114 requests)
-- 1 Excel file to use to submit data to Enclosure 1 to be used by each of the SunCoke facilities
-- 2 Excel files to use to submit data to Enclosure 2 to be used by each of the SunCoke facilities, as needed

Please let me know if you have any questions about this request.

Thank you in advance for your efforts on this CAA section 114 request.

Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

<< 114_Letter_CokeOvens-06-28-22-SunCoke.pdf >>
<< Encl-1-114-Coke RTR-FINAL-06-29-22.pdf >>
<< Encl-2-114-Coke RTR-FINAL-06-29-22.pdf >>
<< Encl-3-through-9-114-Coke-RTR-FINAL-06-29-22.pdf >>
<< ANSWER-Coke-Enc1-Questionnaire ICR-20162022-SuncokeEnergy.xlsx >>
<< ANSWER-Coke-Enc2-Emission-Test-Data_Company-Facility.xlsx >>
<< ANSWER-FUGITIVE-Coke Enc2_Test Results_Company_Facility.xlsx >>