[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13664-13665]
[FR Doc No: 2013-04656]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7783-000]

Piedmont Triad Regional Water Authority; Notice of Termination of
Exemption by Implied Surrender and Soliciting Comments, Protests, and
Motions To Intervene

    Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
    a. Type of Proceeding: Termination of exemption by implied
surrender.
    b. Project No.: 7783-000.
    c. Date Initiated: February 21, 2013.
    d. Exemptee: Piedmont Triad Regional Water Authority.
    e. Name and Location of Project: The Cedar Falls Hydroelectric
Project is located on the Deep River in Randolph County, North
Carolina.
    f. Filed Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Greg Flory, P.O. Box 1326,
Randleman, North Carolina, 27317.
    h. FERC Contact: Krista Sakallaris<PHONE_NUMBER> or
<EMAIL_ADDRESS>    i. Deadline for filing comments, protests, and motions to intervene
is 30 days from the issuance of this notice by the Commission. Please
file your submittal electronically via the Internet (eFiling) in lieu
of paper. Please refer to the instructions on the Commission's Web site
under http://www.ferc.gov/docs-filing/efiling.asp and filing
instructions in the Commission's Regulations at 18 CFR section
385.2001(a)(1)(iii).\1\ To assist you with eFilings you should refer to
the submission guidelines document at http://www.ferc.gov/help/submission-guide/user-guide.pdf. In addition, certain filing
requirements have statutory or regulatory formatting and other
instructions. You should refer to a list of these ``qualified
documents'' at http://www.ferc.gov/docs-filing/efiling/filing.pdf. You
must include your name and contact information at the end of your
comments. Please include the project number (P-7783-000) on any
documents or motions filed. The Commission strongly encourages
electronic filings; otherwise, you should submit an original and seven
copies of its submittal to the following address: The Secretary,
Federal Energy Regulatory Commission, Mail Code: DHAC, PJ-12, 888 First
Street NE., Washington, DC 20426.
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    \1\ http://www.ferc.gov/legal/fed-sta.asp Select the link for
Code of Federal Regulations and navigate to Sec.  385.2001.
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    j. Description of Existing Facilities: The inoperative project
consists of the following existing facilities: (1) An existing
reservoir behind an upstream dam of two existing dams in the project,
with a surface area of 2.5 acres and a storage capacity of 9.0 acre-
feet; (2) a 125-foot-long, 6-foot-high concrete slab and buttress,
upstream dam; (3) a 80-foot-long, 9-foot-high dam 300 feet downstream
from the upstream dam and located on the left side of an island that
splits Deep River into two streams; (4) the use of 70-feet of an
existing 15-foot-wide, 200-foot-long intake canal; (5)a penstock off
the right side of the intake canal;(6) a powerhouse with two turbine/
generator units operating at a hydraulic head of 16-feet for a total
installed capacity of 275 kW; (7)a 50-foot-long transmission line; (8)
and appurtenant facilities.
    k. Description of Proceeding: The exemptee is in violation of
Standard Article 1 of its exemption, which was granted on September 6,
1984 (28 FERC ] 62,338). The Commission's regulation, 18 CFR 4.106,
provides, among other things, that the Commission reserves the right to
revoke an exemption if any term or condition of the exemption is
violated. During a May 2006 dam safety inspection, Commission staff
found that the project stopped operating sometime after 2003.
    Commission staff inspected the project again in March 2009 and in
August 2012. The exemptee did not provide a project representative
during either of these inspections. The Commission attempted to contact
the exemptee, requiring a plan and schedule to resume operation; the
exemptee did not respond.
    In November 2012, and again in January 2013, the Commission sent
letters requiring the exemptee to file a plan and schedule to restore
project operation or an application to surrender the project. The
letter stated that the Commission would begin an implied surrender
process if the plan was not filed. To date, the exemptee has not filed
a response and the project remains inoperable.
    l. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Commission's
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-7783-000) excluding the last three digits in the
docket number field to access the notice. You may also register online
at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call toll-free 1-866-208-3676 or email
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, and 385.214. In determining the appropriate action to take,
the Commission will consider all protests filed, but only those who
file a motion to intervene in accordance with the

Commission's Rules may become a party to the proceeding. Any protests
or motions to intervene must be received on or before the specified
deadline date for the particular proceeding.
    o. Filing and Service of Responsive Documents--Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE,'' as applicable; (2) set forth in the heading
the project number of the proceeding to which the filing responds; (3)
furnish the name, address, and telephone number of the person
commenting, protesting or intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through 385.2005. All comments,
protests or motions to intervene must set forth their evidentiary basis
and otherwise comply with the requirements of 18 CFR 4.34(b). All
comments, protests, or motions to intervene should relate to project
works which are the subject of the termination of exemption. A copy of
any protest or motion to intervene must be served upon each
representative of the Exemptee specified in item g above. If an
intervener files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency. A copy of all other filings in reference to
this notice must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described proceeding. If any agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.

    Dated: February 21, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-04656 Filed 2-27-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20630-20631]
[FR Doc No: 2013-07887]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0688; FRL-9530-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Plastic Parts and
Products Surface Coating (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before May 6, 2013.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2012-0688, to: (1) EPA online, using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:

(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On October 17, 2012 (77 FR 63813), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to both EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2012-0688, which is available for either public
viewing online at http://www.regulations.gov, or in person viewing at
the Enforcement and Compliance Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Avenue NW, Washington, DC.
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Enforcement and Compliance Docket is (202)
566-1752.
    Use EPA's electronic docket and comment system at http://www.regulations.gov to either submit or view public comments, access
the index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidentiality of Business Information (CBI), or
other information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: NESHAP for Plastic Parts and Products Surface Coating
(Renewal).
    ICR Numbers: EPA ICR Number 2044.05, OMB Control Number 2060-0537.
    ICR Status: This ICR is scheduled to expire on June 30, 2013. Under
OMB regulations, the Agency may continue either to conduct or sponsor
the collection of information while this submission is pending at OMB.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the Provisions specified at 40 CFR part 63, subpart
PPPP. Owners or operators of the affected facilities must submit an
initial notification report, performance tests, and periodic reports
and results. Owners or operators are also required to maintain records
of the occurrence and duration of any startup, shutdown, or malfunction
in the operation of an affected facility, or any period during which
the monitoring system is inoperative. Reports are required semiannually
at a minimum.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 91
hours per response. ``Burden'' means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously-applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Plastic parts and products surface
coating facilities.
    Estimated Number of Respondents: 832.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 322,467.
    Estimated Total Annual Cost: $31,489,594, which includes
$31,223,994 in labor costs, $16,000 in capital/startup costs, and
$249,600 in operation and maintenance (O&M) costs.
    Changes in the Estimates: There is an increase in the total
estimated burden as currently identified in the OMB Inventory of
Approved Burdens. The adjustment increase in burden from the most-
recently approved ICR is due to an increase in the number of sources
subject to the NESHAP, as well as to an adjustment increase in labor
rates. This ICR uses the most recent labor rates in calculating all
burden costs. The growth in the respondent universe also results in a
corresponding increase in the total O&M costs.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013-07887 Filed 4-4-13; 8:45 am]
BILLING CODE 6560-50-P


From:  Randy Wiler<EMAIL_ADDRESS>Sent: Tuesday, May 10, 2016 3:03 PM To:  Jones, DonnaLee<EMAIL_ADDRESS>Cc: Paul Saffrin<EMAIL_ADDRESS>Subject:

Dr. Donna Lee Jones,

Attached is a correspondence from Montrose explaining a test problem with the pushing emission control stack (PECS) that Erie Coke would like to resolve.

If you have any questions, please contact the undersigned.

Sincerely Erie Coke Corporation

R.G. Wiler Environmental Manager

<< Montrose letter - Erie Coke 2016 Clean Air Act Section 114 Request Test Program Deviations.PDF >> << Uhnde-LADCO_032510-PEC.pdf >>


[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Proposed Rules]
[Pages 35465-35469]
[FR Doc No: 2022-12406]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0673; Project Identifier MCAI-2021-01282-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2017-10-17, which applies to certain Airbus SAS Model A330-200; A330-
200 Freighter; and A330-300 series airplanes. AD 2017-10-17 requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new fuel airworthiness limitations. Since the FAA issued
AD 2017-10-17, the FAA has determined that new or more restrictive fuel
airworthiness limitations and tasks are necessary. This proposed AD
would continue to require the actions in AD 2017-10-17 and require
revising the existing maintenance or inspection program, as applicable,
to incorporate additional new or more restrictive fuel airworthiness
limitations and tasks, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is proposed for incorporation by reference.
This proposed AD would also expand the applicability to include
additional airplane models. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 25,
2022.

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 https://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 EASA material that will be incorporated by reference (IBR) in
this

AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. For Airbus SAS service information
identified in this proposed AD, contact Airbus SAS, Airworthiness
Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email
[email protected]; internet https://www.airbus.com.
You may view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0673.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0673; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0673; Project Identifier
MCAI-2021-01282-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2017-10-17, Amendment 39-18891 (82 FR 24017, May
25, 2017) (AD 2017-10-17), which applies to certain Airbus SAS Model
A330-223F and -243F airplanes; Model A330-201, -202, -203, -223, and -
243 airplanes; Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes. AD 2017-10-17 requires revising the existing
maintenance or inspection program, as applicable, to include new fuel
airworthiness limitations. The FAA issued AD 2017-10-17 to address the
potential of ignition sources inside fuel tanks, which, in combination
with flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

Actions Since AD 2017-10-17 Was Issued

    Since the FAA issued AD 2017-10-17, the FAA has determined that new
or more restrictive fuel airworthiness limitations and tasks are
necessary. In addition, Model A330-841 and -941 airplanes have been
type certificated in the United States and added to the applicability
of this proposed AD.
    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0252, dated November 17, 2021
(EASA AD 2021-0252) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A330-223F and -243F
airplanes; Model A330-201, -202, -203, -223, and -243 airplanes; Model
A330-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes;
A330-841 airplanes; and Model A330-941 airplanes.
    Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after July 1, 2021, must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
    This proposed AD was prompted by a determination that new or more
restrictive fuel airworthiness limitations and tasks are necessary. The
FAA is proposing this AD to address the potential of ignition sources
inside fuel tanks, which, in combination with flammable fuel vapors,
could result in fuel tank explosions and consequent loss of the
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0252 describes new or more restrictive fuel
airworthiness limitations and tasks.
    This AD would also require Airbus A330 Airworthiness Limitations
Section (ALS) Part 5--Fuel Airworthiness Limitations (FAL), Revision
01, dated October 28, 2015, which the Director of the Federal Register
approved for incorporation by reference as of June 29, 2017 (82 FR
24017, May 25, 2017).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and service information referenced above. The FAA is issuing
this NPRM after determining that the unsafe condition described
previously is

likely to exist or develop in other products of these same type
designs.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the requirements of AD 2017-10-17.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive fuel airworthiness limitations and tasks, which are
specified in EASA AD 2021-0252 described previously, as proposed for
incorporation by reference. Any differences with EASA AD 2021-0252 are
identified as exceptions in the regulatory text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (l)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0252 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0252 through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2021-0252 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0252. Service information required by EASA AD 2021-0252 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0673 after the FAA final rule is
published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an AMOC in accordance with the
procedures specified in the AMOCs paragraph under ``Additional FAA
Provisions.'' This new format includes a ``New Provisions for
Alternative Actions, Intervals, and CDCCLs'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action, interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this proposed AD affects 138 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2017-10-17 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2017-10-17, Amendment 39-18891
(82 FR 24017, May 25, 2017); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-0673; Project Identifier MCAI-2021-
01282-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by July 25, 2022.

(b) Affected ADs

    This AD replaces AD 2017-10-17, Amendment 39-18891 (82 FR 24017,
May 25, 2017) (AD 2017-10-17).

(c) Applicability

    This AD applies to Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before July 1,
2021.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (4) Model A330-841, and -941 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive fuel airworthiness limitations and tasks are necessary.
The FAA is issuing this AD to address the potential of ignition
sources inside fuel tanks, which, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of
the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2017-10-17, with no changes. For airplanes identified in paragraphs
(c)(1) through (3) with an original certificate of airworthiness or
original export certificate of airworthiness issued on or before
October 28, 2015: Within 3 months after June 29, 2017 (the effective
date of AD 2017-10-17), revise the existing maintenance or
inspection program, as applicable, to incorporate Airbus A330
Airworthiness Limitations Section (ALS) Part 5--Fuel Airworthiness
Limitations (FAL), Revision 01, dated October 28, 2015. The
compliance times for accomplishing the initial tasks specified in
Airbus A330 ALS Part 5--FAL, Revision 01, dated October 28, 2015,
are at the times specified in Airbus A330 ALS Part 5--FAL, Revision
01, dated October 28, 2015, or within 3 months after revising the
maintenance or inspection program as required by paragraph (g) of
this AD, whichever occurs later. Accomplishing the revision of the
existing maintenance or inspection program required by paragraph (i)
of this AD terminates the requirements of this paragraph.

(h) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With a New
Exception

    This paragraph restates the requirements of paragraph (k) of AD
2017-10-17, with a new exception. Except as required by paragraph
(i) of this AD, after accomplishing the revision required by
paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, or CDCCLs are approved as an AMOC in accordance with the
procedures specified in paragraph (l)(1) of this AD.

(i) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (j) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0252, dated November 17, 2021 (EASA AD 2021-0252).
Accomplishing the revision of the existing maintenance or inspection
program required by this paragraph terminates the requirements of
paragraph (g) of this AD.

(j) Exceptions to EASA AD 2021-0252

    (1) Where EASA AD 2021-0252 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0252 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0252 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0252 is at the applicable
``limitations'' and ``intervals'' as incorporated by the
requirements of paragraph (3) of EASA AD 2021-0252, or within 90
days after the effective date of this AD, whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0252 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0252 does not apply
to this AD.

(k) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2021-0252.

(l) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (m)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.

(m) Related Information

    (1) For EASA AD 2021-0252, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0673.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines,
WA 98198; telephone<PHONE_NUMBER>; email [email protected].
    (3) For Airbus SAS service information identified in this AD,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 45 80; email [email protected]; internet https://www.airbus.com. You may view this
service information at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.

    Issued on June 3, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-12406 Filed 6-9-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43197-43198]
[FR Doc No: 2016-15737]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0332; FRL-9947-43-OEI]

Agency Information Collection Activities; Information Collection
Request Submitted to OMB for Review and Approval; Comment Request;
Application for New and Amended Pesticide Registration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has submitted the following information collection request
(ICR) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (PRA):
``Application for New and Amended Pesticide Registration'' (EPA ICR No.
0277.17, OMB Control No. 2070-0060). This is a proposed extension of an
existing ICR, which is currently approved through June 30, 2016. EPA
received comments in response to the previously provided public review
opportunity issued in the Federal Register on June 15, 2015 (80 FR
34153), which are addressed in this ICR. With this submission, EPA is
providing an additional 30 days for public review.

DATES: Comments must be received on or before August 1, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OPP-2015-0332, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460, and (2) to OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Lily G. Negash, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Docket: Supporting documents, including the ICR that explains in
detail the information collection activities and the related burden and
cost estimates that are summarized in this document, are available in
the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The renewal of this information collection request will
enable the EPA to collect the information needed to evaluate an
application for a pesticide registration, as required under section 3
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA). Under
FIFRA, EPA must evaluate pesticides thoroughly before they can be
marketed and used in the United States, to ensure that they will not
pose unreasonable adverse effects to human health and the environment.
Pesticides that meet this test are granted a license or
``registration'' which permits their distribution, sale and use
according to requirements set by EPA to protect human health and the
environment.
    Form Numbers: EPA Forms 8570-1, 8570-4, 8570-27, 8570-34, 8570-35,
8570-36, 8570-37.
    Respondents/affected entities: 1,751.
    Respondent's obligation to respond: Required to obtain or retain a
benefit under section 3 of FIFRA, and implementing regulations 40 CFR
parts 152, 156 and 158.
    Estimated number of responses: 8,203 (total).
    Frequency of response: On occasion.
    Total estimated burden: 1,524,893 hours (per year). Burden is
defined at 5 CFR 1320.03(b).
    Total estimated cost: $108,720,767 (per year), includes $0
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is a net increase of 1,356,689
hours in the total estimated respondent burden compared with the ICR
currently approved by OMB. The increase is the result of EPA's updating
of the methodology used to estimate the paperwork burden that involves
the addition of previously unaccounted for burden for study data
generation; while a decrease of approximately 23,000 hours reflects
EPA's receipt of fewer number of applications. These changes are an
adjustment.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: June 23, 2016.
Matthew Leopard,
Director, Office of Information Collection.
[FR Doc. 2016-15737 Filed 6-30-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Rules and Regulations]
[Pages 90088-90091]
[FR Doc No: 2023-28773]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1894; Project Identifier MCAI-2022-00334-R;
Amendment 39-22635; AD 2023-25-08]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Leonardo S.p.a. Model A109E, A109S, AW109SP, A119, and AW119 MKII
helicopters. This AD was prompted by multiple reports of excessive
axial play on the ball bearing of the lower half of the main rotor (MR)
rotating scissor assembly. This AD requires one-time scissor coupling
and axial play inspections and repetitive quantitative axial play
inspections and, depending on the results, additional inspections and
replacing certain parts. This AD also requires reporting information
and prohibits installing certain parts unless certain inspections have
been accomplished. These requirements are specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective February 2, 2024.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 2,
2024.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1894; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information, any comments received, and other information. The address
for Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material identified in this final rule, contact
EASA, Konrad- Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email [email protected]; internet easa.europa.eu. You
may find the EASA material on the EASA website at ad.easa.europa.eu.
     You may view this service information at the FAA, Office
of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket at regulations.gov under Docket No. FAA-2023-1894.
    Other Related Service Information: For Leonardo Helicopters service
information identified in this final rule, contact Leonardo S.p.A
Helicopters, Emanuele Bufano, Head of Airworthiness, Viale G. Agusta
520, 21017 C. Costa di Samarate (Va) Italy; telephone (+39) 0331-
225074; fax (+39) 0031-229046; or at
customerportal.leonardocompany.com/en-US. You may also view this
service information at the FAA contact information under Material
Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Jared Hyman, Aviation Safety Engineer,
FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (781)
238-7799; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Leonardo S.p.a.
Model A109E, A109S, AW109SP, A119, and AW119 MKII helicopters. The NPRM
published in the Federal Register on October 3, 2023 (88 FR 67999). The
NPRM was prompted by EASA AD 2022-0037, dated March 7, 2022; corrected
March 15, 2022 (EASA AD 2022-0037), issued by EASA, which is the
Technical Agent for the Member States of the European Union. EASA AD
2022-0037 states that there have been multiple reports of excessive
axial play on the ball bearing of the lower half of the MR rotating
scissor assembly. In some cases, this resulted in dislodgement of the
ball bearing from its seat.
    In the NPRM, the FAA proposed to require one-time MR rotating
scissor coupling and axial play inspections and

repetitive quantitative axial play inspections and, depending on the
results, additional inspections and replacing certain parts. The NPRM
also proposed to require reporting information and prohibit installing
certain parts unless certain inspections have been accomplished. The
FAA is issuing this AD to detect and address any excessive axial play
of the MR rotating scissor assembly. The unsafe condition, if not
addressed, could result in failure of the MR rotating scissor assembly,
loss of control of the helicopter, and subsequent damage to the
helicopter and injury to occupants. See EASA AD 2022-0037 for
additional background information.
    You may examine EASA AD 2022-0037 in the AD docket at
regulations.gov under Docket No. FAA-2023-1894.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
its AD referenced above. The FAA reviewed the relevant data and
determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0037 which requires, for certain
applicable model helicopters, accomplishing one-time MR rotating
scissor coupling and axial play checks. Depending on the results, EASA
AD 2022-0037 requires repetitively measuring the axial play or
replacing certain parts. For all applicable model helicopters, EASA AD
2022-0037 requires accomplishing repetitive qualitative and
quantitative axial play checks and, depending on the results,
repetitively measuring the axial play or replacing certain parts.
Furthermore, EASA AD 2022-0037 requires reporting certain information
to the manufacturer and prohibits installing certain parts on any
helicopter unless the part has passed required inspections.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

Other Related Service Information

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin (ASB)
No. 109EP-177, Leonardo Helicopters ASB No. 109S-105, Leonardo
Helicopters ASB No. 109SP-149, and Leonardo Helicopters ASB No. 119-
111, each Revision A and dated March 3, 2022. This service information
specifies procedures for inspecting the MR rotating scissor coupling
and axial play, measuring the axial play, inspecting the qualitative
axial play, inspecting the quantitative axial play, and replacing
components of the MR rotating scissor assembly (scissor bracket flange
assembly, rotary scissor sleeve, lower scissor lever assembly, and
upper scissor lever assembly) and bushings.

Differences Between This AD and the EASA AD

    EASA AD 2022-0037 applies to Model A109LUH helicopters, whereas
this AD does not because that model is not FAA-type certificated. EASA
AD 2022-0037 refers to several actions as a ``check,'' whereas this AD
refers to those actions as an ``inspection'' instead because those
actions must be accomplished by persons authorized under 14 CFR 43.3.
EASA AD 2022-0037 requires discarding certain parts, whereas this AD
requires removing those parts from service instead.
    Service information referenced in EASA AD 2022-0037 specifies to
contact Leonardo Helicopters for instructions as a result of certain MR
rotating scissor maximum torque force check (inspection) results,
whereas this AD requires accomplishing corrective action in accordance
with a method approved by the FAA, EASA, or Leonardo S.p.a.
Helicopters' EASA Design Organization Approval. EASA AD 2022-0037
requires interpreting the MR rotating scissor coupling and axial play
inspection results (PASSED or FAILED) by using its required service
information, whereas this AD requires interpreting those results by
using tables in the body of this AD and recorded results of certain
inspections. Furthermore, if the scissor coupling inspection result is
an ``UNCERTAIN RESULT,'' the service information referenced in EASA AD
2022-0037 specifies contacting Leonardo Helicopters, whereas this AD
considers an ``UNCERTAIN RESULT'' as ``FAILED.''
    EASA AD 2022-0037 requires accomplishing repetitive qualitative
axial play checks, whereas this AD does not. EASA AD 2022-0037 requires
quantitative axial play checks within intervals not to exceed 200
flight hours, whereas this AD requires quantitative axial play
inspections within intervals not to exceed 55 hours time-in-service.
The service information referenced in EASA AD 2022-0037 cautions that
only approved personnel are permitted to perform the bushing
replacement, whereas this AD does not include that caution.

Costs of Compliance

    The FAA estimates that this AD affects 204 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    The one-time MR rotating scissor coupling and axial play
inspections will take approximately 2 work-hours for an estimated cost
of $170 per helicopter and up to $34,680 for the U.S. fleet.
    A quantitative axial play inspection will take approximately 1
work-hour for an estimated cost of $85 per helicopter and $17,340 for
the U.S. fleet per inspection cycle.
    Measuring the axial play will take approximately 1 work-hour for an
estimated cost of $85 per helicopter and $17,340 for the U.S. fleet per
inspection cycle.
    Certain corrective action that may be needed as a result of an
inspection can vary significantly from helicopter to helicopter. The
FAA has no data to determine the costs to accomplish the corrective
action or the number of helicopters that may require corrective action.
    Replacing the scissor bracket flange assembly will take
approximately 4 work-hours and parts will cost approximately $8,099-
11,574 (depending on part number) for an estimated cost of $8,439-
11,914 per replacement. Alternatively, replacing its bushings will take
approximately 2 work-hours and parts will cost approximately $225 for
an estimated cost of $395 per replacement.
    Replacing each rotary scissor sleeve will take approximately 2
work-hours and parts will cost approximately $565 for an estimated cost
of $735 per replacement.
    Replacing the lower scissor lever assembly (including the washer
and retaining bolt) will take 2 work-hours and parts will cost
approximately $3,308-3,385 (depending on part number) for an estimated
cost of $3,478-3,555 per replacement. Alternatively, replacing its
bushings will take approximately 2 work-hours and parts will cost
approximately $225

for an estimated cost of $395 per replacement.
    Replacing the upper scissor lever assembly will take approximately
2 work-hours and parts will cost approximately $2,219-3,015 (depending
on part number) for an estimated cost of $2,389-3,185 per replacement.
Alternatively, replacing its bushings will take approximately 2 work-
hours and parts will cost approximately $225 for an estimated cost of
$395 per replacement.
    Reporting the inspection results to the manufacturer will take
approximately 1 work-hour for an estimated cost of $85 per report.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-25-08 Leonardo S.p.a.: Amendment 39-22635; Docket No. FAA-2023-
1894; Project Identifier MCAI-2022-00334-R.

(a) Effective Date

    This airworthiness directive (AD) is effective February 2, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model A109E, A109S,
AW109SP, A119, and AW119 MKII helicopters, certificated in any
category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor
System.

(e) Unsafe Condition

    This AD was prompted by multiple reports of excessive axial play
on the ball bearing of the lower half of the main rotor rotating
scissor assembly. The FAA is issuing this AD to detect and address
any excessive axial play of the main rotor rotating scissor
assembly. The unsafe condition, if not addressed, could result in
failure of the main rotor rotating scissor assembly, loss of control
of the helicopter, and subsequent damage to the helicopter and
injury to occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency AD 2022-0037,
dated March 7, 2022; corrected March 15, 2022 (EASA AD 2022-0037).

(h) Exceptions to EASA AD 2022-0037

    (1) Where EASA AD 2022-0037 defines Affected part ``as
identified in the ASB;'' for this AD, replace that text with ``as
identified in Table 2 of Leonardo Helicopters Alert Service Bulletin
(ASB) No. 109EP-177, Leonardo Helicopters ASB No. 109S-105, Leonardo
Helicopters ASB No. 109SP-149, or Leonardo Helicopters ASB No. 119-
111, each Revision A and dated March 3, 2022, and as applicable to
your model helicopter.''
    (2) Where EASA AD 2022-0037 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
    (3) Where EASA AD 2022-0037 refers to its effective date, this
AD requires using the effective date of this AD.
    (4) Where EASA AD 2022-0037 refers to a torque force check, this
AD requires a torque force inspection. Where EASA AD 2022-0037
refers to a scissor coupling check, this AD requires a scissor
coupling inspection. Where EASA AD 2022-0037 refers to an axial play
check, this AD requires an axial play inspection. Where EASA AD
2022-0037 refers to a quantitative axial play check, this AD
requires a quantitative axial play inspection. Where EASA AD 2022-
0037 refers to a dimensional check, this AD requires a dimensional
inspection.
    (5) Where the service information referenced in EASA AD 2022-
0037 specifies to use tooling, this AD allows the use of equivalent
tooling.
    (6) Where the service information referenced in EASA AD 2022-
0037 specifies discarding parts, this AD requires removing those
parts from service.
    (7) Where the service information referenced in paragraphs (1),
(4.2), (5.2), and (6) of EASA AD 2022-0037 specifies to contact
Leonardo Helicopters for instructions as a result of the M/R
rotating scissor maximum torque force check, this AD requires
corrective action done in accordance

with a method approved by the Manager, International Validation
Branch, FAA; or EASA; or Leonardo S.p.a. Helicopters' EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (8) Where paragraph (1) of EASA AD 2022-0037 specifies to
``interpret the results (PASSED or FAILED) in accordance with the
instructions of PART I of the ASB;'' for this AD, replace that text
with, ``interpret the results by using Tables 1 and 2 to paragraph
(h)(8) of this AD and the inspection results recorded in Annex E of
the service information referenced in EASA AD 2022-0037.''

                     Table 1 to Paragraph (h)(8)--Scissor Coupling Inspection Interpretation
----------------------------------------------------------------------------------------------------------------
                                                                   2nd maximum torque     Scissor coupling check
     Maximum  torque force  check         Dimensional check           force check                outcome
----------------------------------------------------------------------------------------------------------------
Passed...............................  N/A....................  N/A....................  Passed.
Failed...............................  Passed.................  Passed.................  Passed.
Failed...............................  Failed.................  N/A....................  Failed.
Failed...............................  Passed.................  Failed.................  Failed.
----------------------------------------------------------------------------------------------------------------

    Table 2 to Paragraph (h)(8)--Axial Play Inspection Interpretation
------------------------------------------------------------------------

------------------------------------------------------------------------
Axial play value is 0.25 mm or less.......  Passed.
Axial play value is more than 0.25 mm or    Failed.
 the ball bearing is dislodged.
------------------------------------------------------------------------

    (9) This AD does not require compliance with paragraph (2) of
EASA AD 2022-0037. This AD also does not include Note 1 of EASA AD
2022-0037.
    (10) Where paragraph (3) of EASA AD 2022-0037 specifies
compliance times of ``200 FH;'' for this AD, replace each instance
of that text with, ``55 hours time-in-service.'' This AD does not
include Note 3 of EASA AD 2022-0037.
    (11) Where the service information referenced in EASA AD 2022-
0037 cautions that only approved personnel (Leonardo Helicopters
facilities, Leonardo authorized component repair centers within the
approved capabilities or customers trained by Leonardo Helicopters
for specific activities) are permitted to perform the bushing
replacement; this AD does not include those cautions.
    (12) Where paragraph (10) of EASA AD 2022-0037 specifies
reporting inspection results (including the inspection results of no
findings) to Leonardo within 30 days, this AD requires reporting
inspection results at the applicable time in paragraph (h)(12)(i) or
(ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
    (13) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0037.

(i) Special Flight Permits

    Special flight permits are prohibited.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k) 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.

(k) Additional Information

    For more information about this AD, contact Jared Hyman,
Aviation Safety Engineer, FAA, 1600 Stewart Ave., Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0037,
dated March 7, 2022; corrected March 15, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0037, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28773 Filed 12-28-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 72 (Thursday, April 14, 2016)]
[Notices]
[Pages 22148-22150]
[FR Doc No: 2016-08560]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77573; File No. SR-CBOE-2016-036]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to SPXPM Pilot Program

April 8, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 7, 2016, 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

    The Exchange proposes to extend the operation of its SPXPM pilot
program through May 3, 2017. The text of the proposed rule change is
provided below.

(additions are italicized; deletions are [bracketed])
* * * * *

Chicago Board Options Exchange, Incorporated

Rules

* * * * *

Rule 24.9. Terms of Index Option Contracts

    No change.
    . . . Interpretations and Policies:
    .01-.13 No change.
    .14 In addition to A.M.-settled Standard & Poor's 500 Stock Index
options approved for trading on the Exchange pursuant to Rule 24.9, the
Exchange may also list options on the S&P 500 Index whose exercise
settlement value is derived from closing prices on the last trading day
prior to expiration (``SPXPM''). The Exchange may also list options on
the Mini-SPX Index (``XSP'') whose exercise settlement value is derived
from closing prices on the last trading day prior to expiration
(``P.M.-settled''). SPXPM options and P.M.-settled XSP options will be
listed for trading for a pilot period ending May 3, 201[6]7.
* * * * *
    The text of the proposed rule change is also 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
    On February 8, 2013, the Exchange received approval of a rule
change that established a Pilot Program that allows the Exchange to
list options on the S&P 500 Index whose exercise settlement value is
derived from closing prices on the last trading day prior to expiration
(``SPXPM'').\5\ On July 31, 2013, the Exchange received approval of a
rule change that amended the Pilot Program to allow the Exchange to
list options on the Mini-SPX Index (``XSP'') whose exercise settlement
value is derived from closing prices on the last trading day prior to
expiration (``P.M.-settled'') \6\ (together, SPXPM and P.M.-settled XSP
to be referred to herein as the ``Pilot Products'').\7\ In January
2014, the

Exchange filed a proposed rule change that extended the end date of the
pilot period from February 8, 2014 to November 3, 2014.\8\
Additionally, in October 2014, the Exchange filed a proposed rule
change that extended the end date of the pilot period from November 3,
2014 to May 3, 2016.\9\ The Exchange hereby proposes to further extend
the end date of the pilot period to May 3, 2017.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 68888 (February 8,
2013), 78 FR 10668) (February 14, 2013) (SR-CBOE-2012-120) (the
``SPXPM Approval Order'').
    \6\ See Securities Exchange Act Release No. 70087 (July 31,
2013), 78 FR 47809 (August 6, 2013) (SR-CBOE-2013-055) (the ``P.M.-
settled XSP Approval Order'').
    \7\ For more information on the Pilot Products or the Pilot
Program, see the SPXPM Approval Order and the P.M.-settled XSP
Approval Order.
    \8\ See Securities Exchange Act Release No. 71424 (January 28,
2014), 79 FR 6249 (February 3, 2014) (SR-CBOE-2014-004).
    \9\ See Securities Exchange Act Release No. 73338 (October 10,
2014), 79 FR 62502 (October 17, 2014) (SR-CBOE-2014-076).
---------------------------------------------------------------------------

    During the course of the Pilot Program and in support of the
extensions of the Pilot Program, the Exchange submits to the Securities
and Exchange Commission (the ``Commission'') reports regarding the
Pilot Program that detail the Exchange's experience with the Pilot
Program, pursuant to the SPXPM Approval Order and the P.M.-settled XSP
Approval Order. To date, the Exchange has submitted two annual Pilot
Program reports to the Commission, as well as various periodic interim
reports, as required by the Commission while the Pilot Program is in
effect. The annual reports contain an analysis of volume, open
interest, and trading patterns. The analysis examines trading in Pilot
Products as well as trading in the securities that comprise the
underlying index. Additionally, for series that exceed certain minimum
open interest parameters, the annual reports provide analysis of index
price volatility and share trading activity. The periodic interim
reports contain some, but not all, of the information contained in the
annual reports. In providing the annual and periodic interim reports
(the ``pilot reports'') to the Commission, the Exchange has requested
confidential treatment of the pilot reports under the Freedom of
Information Act (``FOIA'').\10\ The confidentiality of the pilot
reports is subject to the provisions of FOIA.
---------------------------------------------------------------------------

    \10\ 5 U.S.C. 552.
---------------------------------------------------------------------------

    The pilot reports both contain the following volume and open
interest data:
    (1) Monthly volume aggregated for all trades;
    (2) monthly volume aggregated by expiration date;
    (3) monthly volume for each individual series;
    (4) month-end open interest aggregated for all series;
    (5) month-end open interest for all series aggregated by expiration
date; and
    (6) month-end open interest for each individual series.
    The annual reports also contain the information noted in Items (1)
through (6) above for Expiration Friday, A.M.-settled, S&P 500 index
options traded on CBOE, as well as the following analysis of trading
patterns in the Pilot Products options series in the Pilot Program:
    (1) A time series analysis of open interest; and
    (2) an analysis of the distribution of trade sizes.
    Finally, for series that exceed certain minimum parameters, the
annual reports contain the following analysis related to index price
changes and underlying share trading volume at the close on Expiration
Fridays:
    (1) A comparison of index price changes at the close of trading on
a given Expiration Friday with comparable price changes from a control
sample. The data includes a calculation of percentage price changes for
various time intervals and compare that information to the respective
control sample. Raw percentage price change data as well as percentage
price change data normalized for prevailing market volatility, as
measured by the CBOE Volatility Index (VIX), is provided; and
    (2) a calculation of share volume for a sample set of the component
securities representing an upper limit on share trading that could be
attributable to expiring in-the-money series. The data includes a
comparison of the calculated share volume for securities in the sample
set to the average daily trading volumes of those securities over a
sample period.
    The minimum open interest parameters, control sample, time
intervals, method for randomly selecting the component securities, and
sample periods are determined by the Exchange and the Commission. In
proposing to extend the Pilot Program, the Exchange will continue to
abide by the reporting requirements described herein, as well as in the
SPXPM Approval Order and the P.M.-settled XSP Approval Order.\11\
Additionally, all such pilot reports provided by the Exchange will
continue to include a request for confidential treatment under
FOIA.\12\
---------------------------------------------------------------------------

    \11\ Pursuant to Securities Exchange Act Release No. 75914
(September 14, 2015), 80 FR 56522 (September 18, 2015) (SR-CBOE-
2015-079), the Exchange added SPXPM and P.M.-settled XSP options to
the list of products approved for trading during Extended Trading
Hours (``ETH''). The Exchange will also include the applicable
information regarding SPXPM and P.M.-settled XSP options that trade
during ETH in its annual and interim reports.
    \12\ See supra note 10 and surrounding discussion. If the
Exchange seeks permanent approval of the pilot program, the Exchange
recognizes that certain information in the pilot reports may need to
be made available on a public basis.
---------------------------------------------------------------------------

    The Exchange proposes the extension of the Pilot Program in order
to continue to give the Commission more time to consider the impact of
the Pilot Program. To this point, CBOE believes that the Pilot Program
has been well-received by its Trading Permit Holders and the investing
public, and the Exchange would like to continue to provide investors
with the ability to trade SPXPM and P.M.-settled XSP options. All terms
regarding the trading of the Pilot Products shall continue to operate
as described in the SPXPM Approval Order and the P.M.-settled XSP
Approval Order. The Exchange merely proposes herein to extend the term
of the Pilot Program to May 3, 2017.
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. \13\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \14\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, 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.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \15\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed extension of
the Pilot Program will continue to provide greater opportunities for
investors. Further, the Exchange believes that it has not experienced
any adverse effects or meaningful regulatory concerns from the
operation of the Pilot Program. As such, the Exchange believes that the
extension of the Pilot Program does not raise any unique or prohibitive
regulatory concerns. Also, the Exchange believes that such trading has
not, and will not, adversely impact fair and orderly markets on
Expiration Fridays for the underlying stocks comprising the

S&P 500 index. The extension of the Pilot Program will continue to
provide investors with the opportunity to trade the desirable products
of SPXPM and P.M.-settled XSP, while also providing the Commission
further opportunity to observe such trading of the Pilot Products.

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. The Exchange does not believe
the continuation of the Pilot Program will impose any unnecessary or
inappropriate burden on intramarket competition because it will
continue to apply equally to all CBOE market participants, and the
Pilot Products will be available to all CBOE market participants. The
Exchange believes there is sufficient investor interest and demand in
the Pilot Program to warrant its extension. The Exchange believes that,
for the period that the Pilot Program has been in operation, it has
provided investors with desirable products with which to trade.
Furthermore, the Exchange believes that it has not experienced any
adverse market effects or regulatory concerns with respect to the Pilot
Program. The Exchange further does not believe that the proposed
extension of the Pilot Program will impose any burden on intermarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because it only applies to trading on CBOE. To the
extent that the continued trading of the Pilot Products may make CBOE a
more attractive marketplace to market participants at other exchanges,
such market participants may elect to become CBOE market participants.

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

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

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

    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 \16\ and Rule 19b-
4(f)(6)(iii) thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The existing Pilot Program currently expires on May 3, 2016.
The Commission believes that waiving the 30-day operative delay to the
extent necessary to allow the proposal to become operative on May 3,
2016 is consistent with the protection of investors and the public
interest, as it will allow the Pilot Program to continue uninterrupted
after its current expiration date, thereby avoiding investor confusion
that could result from a temporary interruption in the Pilot Program.
For this reason, the Commission designates the proposed rule change to
be operative on May 3, 2016.\18\
---------------------------------------------------------------------------

    \18\ 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.

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-2016-036 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-2016-036. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also 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-2016-036 and should be
submitted on or before May 5, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08560 Filed 4-13-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Notices]
[Page 48247-48248]
[DOCID:fr22se09-55]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13521-000]

Oceanlinx Hawaii LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

September 15, 2009.
    On August 21, 2009, Oceanlinx Hawaii LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Oceanlinx Maui Wave Energy
Project (Oceanlinx Wave Project or project), located in the Pacific
Ocean about 0.6 statute miles north of Pauwela Point and adjacent lands
in the County of Maui, Alaska. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    The proposed project would consist of the following: (1) A
proposed, 30-meter-wide (98-foot-wide) by 100-meter-long (328-foot-
long) by 10-meter-high (33-foot-high--relative to the ocean surface)
Wage Energy Converter (WEC) consisting of a floating pontoon moored to
the seafloor by a cable and anchoring system and containing eight
Oscillating Water Column (OWC) units with a combined nameplate capacity
of 2.7 megawatts; (2) a proposed 15-kilovolt (kV), 3,600 or 4,100-foot-
long (depending upon the transmission route chosen) submarine and
overhead transmission line; and (3) appurtenant facilities. The
proposed project would have an estimated average annual generation of
up to about 4,000 megawatt-hours.
    Applicant Contact: Stuart Weylandsmith, Manager, Oceanlinx Hawaii
LLC, Suite 2200, ASB Tower, 1001 Bishop Street, Honolulu, HI 96813;
Phone: +61 2 9549 6308; e-mail<EMAIL_ADDRESS>    FERC Contact: Nick Jayjack,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR

385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project, including a copy of
the application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13521) in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22715 Filed 9-21-09; 8:45 am]

BILLING CODE 6717-01-P