[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68239-68240]
[FR Doc No: 2011-28513]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65659; File No. SR-CBOE-2011-098]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Related to FLEX Options

October 31, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on October 17, 2011, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Exchange has designated the proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) 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).
    \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 is proposing to amend certain rules pertaining to
Flexible Exchange Options (``FLEX Options''). The text of the proposed
rule change is available on the Exchange's Web site (http://www.cboe.org/Legal), at the Exchange's Office of the Secretary, and at
the Commission.

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 those 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 parts of such
statements.

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

1. Purpose
    FLEX Options provide investors with the ability to customize basic
option features including size, expiration date, exercise style, and
certain exercise prices (referred to as ``variable terms'').\5\ For
example, FLEX Options can have an expiration date that is any business
day (specified as to day, month and year) with a maximum term of
fifteen years.\6\ The rules governing the trading of FLEX Options on
the FLEX Request for Quote (``RFQ'') System platform are generally
contained in Chapter XXIVA. The rules governing the trading of FLEX
Options on the FLEX Hybrid Trading System platform are generally
contained in Chapter XXIVB. Within each Chapter, the provisions
pertaining to the variable terms of FLEX Options are generally
contained in Rules 24A.4 and 24B.4.
---------------------------------------------------------------------------

    \5\ FLEX Options can be FLEX Index Options or FLEX Equity
Options. In addition, other products are permitted to be traded
pursuant to the FLEX trading procedures. For example, credit options
are eligible for trading as FLEX Options pursuant to the FLEX rules
in Chapters XXIVA and XXIVB. See CBOE Rules 24A.1(e) and (f),
24A.4(b)(1) and (c)(1), 24B.1(f) and (g), 24B.4(b)(1) and (c)(1),
and 28.17.
    \6\ See Rule 24A.4(a)(2)(iv) and (a)(4)(i), and Rule
24B.4(a)(2)(iv) and (a)(5)(i).
---------------------------------------------------------------------------

    The purpose of this proposed rule change is to reorganize and amend
certain Exchange Rules pertaining to FLEX Options to provide within
Chapters XXIVA and XXIVB that a new series of FLEX Options may be
established on any business day prior to the expiration date. The
adding of new FLEX Equity Options series on any business day prior to
the expiration date is already addressed in Rule 5.5 of Chapter V of
the Exchange Rules.\7\ In an effort to make reading and understanding
the FLEX Option provisions easier, the Exchange is proposing to move
this new series add provision from Rule 5.5 of Chapter V to Rules 24A.4
and 24B.4 of Chapters XXIVA and XXIVB, respectively. In addition, the
Exchange is proposing to apply the provision to all FLEX Options (not
just FLEX Equity Options).\8\ Previously the rules did not clearly
address the applicability of any such provision to other FLEX Options.
However, it has been the Exchange's practice to permit other FLEX
Options to be listed any business day prior to the expiration date.
---------------------------------------------------------------------------

    \7\ Rule 5.5 generally sets forth provisions pertaining to
series of options that may be open for trading on the Exchange and
generally pertains to option contracts that are not FLEX Options.
However, Rule 5.5.04 currently provides as follows: ``New series of
options on an individual stock may be added until the beginning of
the month in which the option contract will expire. Due to unusual
market conditions, the Exchange, in its discretion, may add new
series of options on an individual stock until five business days
prior to expiration. Notwithstanding the foregoing, a new series of
FLEX Equity Options, as defined in and subject to the provisions of
Chapter XXIVA or XXIVB of the Rules, may be added on any business
day prior to the expiration date.''
    \8\ Specifically, the Exchange is proposing to delete the
following sentence from Rule 5.5.04: ``Notwithstanding the
foregoing, a new series of FLEX Equity Options, as defined in and
subject to the provisions of Chapter XXIVA or XXIVB of the Rules,
may be added on any business day prior to the expiration date.''
And, the Exchange is proposing to add the following sentence to both
Rule 24A.4(a)(1) and 24B.4(a)(1): ``A new series of FLEX Options may
be established on any business day prior to the expiration date as
provided for in this Rule [24A.4 or 24B.4, as applicable].''
---------------------------------------------------------------------------

    The Exchange believes that reorganizing and amending the rules in
the manner proposed should make it easier to read and understand the
FLEX Options provisions. The Exchange also believes that it should
provide additional clarity and avoid any confusion on the applicability
of the new series add provision to any and all FLEX Options in a manner
that is consistent with the existing provision for FLEX Equity Options.

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the Act
\9\ in general and furthers the objectives of Section 6(b)(5) of the
Act \10\ in particular in that it should promote just and equitable
principles of trade, serve to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
protect investors and the public interest. In particular, the Exchange
believes that reorganizing and amending the rules in the manner
proposed should make it easier to read and understand the FLEX Options
provisions. The Exchange also believes that it should provide
additional clarity and avoid any confusion on the applicability of the
new series add provision to any and all FLEX Options in a manner that
is consistent with the existing provision for FLEX Equity Options.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule 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, provided that the self-regulatory organization
has given the Commission written notice of its intent to file 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 proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
thereunder.\12\ At any time within 60 days of the filing of such
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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-2011-098 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2011-098. 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
a.m. and 3 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-2011-098 and should be
submitted on or before November 25, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-28513 Filed 11-2-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46385-46386]
[FR Doc No: 2017-21220]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31154; Amdt. No. 3765]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 5, 2017. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 5, 2017.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    This rule amends Title 14 of the Code of Federal Regulations, Part
97 (14 CFR part 97), by establishing, amending, suspending, or removes
SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory
description of each SIAP and its associated Takeoff Minimums or ODP for
an identified airport is listed on FAA form documents which are
incorporated by reference in this amendment under 5 U.S.C. 552(a), 1
CFR part 51, and 14 CFR part 97.20. The applicable FAA forms are FAA
Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by
an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C 553(d),
good cause exists for making some SIAPs effective in less than 30 days.

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(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); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC on September 8, 2017.
John S. Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 12 October 2017

Deadhorse, AK, Deadhorse, ILS OR LOC RWY 6, Amdt 3
Deadhorse, AK, Deadhorse, RNAV (GPS) Z RWY 6, Amdt 2
Deadhorse, AK, Deadhorse, RNAV (GPS) Z RWY 24, Amdt 2
Deadhorse, AK, Deadhorse, Takeoff Minimums and Obstacle DP, Amdt 3A
Deadhorse, AK, Deadhorse, VOR RWY 5, Amdt 4A, CANCELED
Deadhorse, AK, Deadhorse, VOR RWY 6, Amdt 3
Deadhorse, AK, Deadhorse, VOR Y RWY 24, Amdt 6B
Deadhorse, AK, Deadhorse, VOR Z RWY 24, Amdt 5
Mena, AR, Mena Intermountain Muni, ILS OR LOC RWY 27, Amdt 1B
Mena, AR, Mena Intermountain Muni, NDB RWY 27, Amdt 1A
Mena, AR, Mena Intermountain Muni, VOR/DME-A, Amdt 10, CANCELED
Los Angeles, CA, Los Angeles Intl, ILS OR LOC RWY 24R, ILS RWY 24R
(CAT II), ILS RWY 24R (CAT III), Amdt 26
Los Angeles, CA, Los Angeles Intl, ILS OR LOC RWY 25L, ILS RWY 25L
(CAT II), ILS RWY 25L (CAT III), Amdt 14A
Los Angeles, CA, Los Angeles Intl, RNAV (GPS) Y RWY 24R, Amdt 3
Los Angeles, CA, Los Angeles Intl, RNAV (GPS) Y RWY 25L, Amdt 4A
Los Angeles, CA, Los Angeles Intl, RNAV (RNP) Z RWY 24R, Amdt 1A
Los Angeles, CA, Los Angeles Intl, RNAV (RNP) Z RWY 25L, Amdt 2A
Dover/Cheswold, DE, Delaware Airpark, RNAV (GPS) RWY 9, Orig
Dover/Cheswold, DE, Delaware Airpark, RNAV (GPS) RWY 9, Amdt 2A,
CANCELED
Dover/Cheswold, DE, Delaware Airpark, RNAV (GPS RWY 27, Orig
Dover/Cheswold, DE, Delaware Airpark, RNAV (GPS) RWY 27, Amdt 1B,
CANCELED
Dover/Cheswold, DE, Delaware Airpark, Takeoff Minimums and Obstacle
DP, Orig
Dover/Cheswold, DE, Delaware Airpark, Takeoff Minimums and Obstacle
DP, Orig, CANCELED
Dover/Cheswold, DE, Delaware Airpark, VOR RWY 27, Orig
Dover/Cheswold, DE, Delaware Airpark, VOR RWY 27, Amdt 6C, CANCELED
Cordele, GA, Crisp County-Cordele, LOC RWY 10, Amdt 1
Iowa City, IA, Iowa City Muni, RNAV (GPS) RWY 30, Orig-B
Mc Call, ID, Mc Call Muni, RNAV (GPS) RWY 16, Amdt 1
Mc Call, ID, Mc Call Muni, RNAV (GPS) RWY 34, Amdt 1
Mc Call, ID, Mc Call Muni, RNAV (GPS) Y RWY 34, Amdt 1, CANCELED
Muncie, IN, Delaware County Rgnl, ILS OR LOC RWY 32, Amdt 9D
Muncie, IN, Delaware County Rgnl, RNAV (GPS) RWY 32, Orig-B
Lawrence, MA, Lawrence Muni, ILS Y OR LOC Y RWY 5, Amdt 5
Lawrence, MA, Lawrence Muni, ILS Z OR LOC Z RWY 5, Amdt 1
Lawrence, MA, Lawrence Muni, RNAV (GPS) RWY 5, Amdt 1
Lawrence, MA, Lawrence Muni, RNAV (GPS) RWY 23, Amdt 1
Lawrence, MA, Lawrence Muni, VOR RWY 23, Amdt 12
Long Prairie, MN, Todd Field, RNAV (GPS) RWY 34, Amdt 2
Laurel, MT, Laurel Muni, RNAV (GPS) RWY 4, Amdt 1B
Laurel, MT, Laurel Muni, RNAV (GPS) RWY 22, Amdt 1B
Garrison, ND, Garrison Muni, RNAV (GPS) RWY 13, Amdt 1A
Garrison, ND, Garrison Muni, RNAV (GPS) RWY 31, Amdt 1A
New Philadelphia, OH, Harry Clever Field, RNAV (GPS) RWY 15, Orig-C
New Philadelphia, OH, Harry Clever Field, VOR-A, Amdt 2A
Altoona, PA, Altoona-Blair County, RNAV (GPS) Y RWY 3, Amdt 1A
Altoona, PA, Altoona-Blair County, RNAV (GPS) Z RWY 3, Orig-B
Selinsgrove, PA, Penn Valley, RNAV (GPS) RWY 17, Amdt 1
Selinsgrove, PA, Penn Valley, RNAV (GPS) RWY 35, Orig
Columbia, SC, Columbia Metropolitan, ILS OR LOC RWY 11, ILS RWY 11
(CAT II), ILS RWY 11 (CAT III), Amdt 15A
Columbia, SC, Columbia Metropolitan, ILS OR LOC RWY 29, Amdt 3I
Columbia, SC, Columbia Metropolitan, VOR-A, Amdt 16A
Bristol/Johnson/Kingsport, TN, Tri-Cities, TRICITIES TWO, Graphic DP
Abingdon, VA, Virginia Highlands, RNAV (GPS) RWY 24, Amdt 2
Melfa, VA, Accomack County, LOC RWY 3, Amdt 1
Melfa, VA, Accomack County, RNAV (GPS) RWY 3, Amdt 2
Melfa, VA, Accomack County, RNAV (GPS) RWY 21, Amdt 1
Melfa, VA, Accomack County, VOR RWY 3, Amdt 2

[FR Doc. 2017-21220 Filed 10-4-17; 8:45 am]
 BILLING CODE 4910-13-P


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Partss 413, 415 and 417  1, 21, 25, 33, 121, and 135119

[Docket No. FAA-20020-6717133787953; Notice No.           .
03200-10-114]

RIN 2120-AI03H55G37

Reports by CaExtended Operations (ETOPS) of Multi-engine Airplanesrriers
on Incidents Involving Animals During Air TransportLicensing and Safety
Requirements for Launch

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION:  Notice of proposed rulemaking (NPRM).); extension of comment
period.

SUMMARY:  This action extends the comment period for an NPRM that was
published on November 14September 27, 2003 (68 FR 64730)2October 25,
2000.  In that document, the FAA proposed to issue regulations governing
flights that go beyond certain distances from an adequate airport.amend
its regulations to implement the requirement established by Congress
that air carriers providing scheduled passenger air transportation
submit reports to the Secretary of Transportation on any incidents
involving the loss, injury or death of an animal during air transport
provided by the air carrier.   In that document, the FAA proposed to
amend its regulations to codify its license application process for
launch from a non-federal launch site, and to codify its safety
requirements for all licensed launches.  This extension responds tois a
result of requests received during the comment period for the NPRMfrom
International Launch Services, Lockheed Martin Corporation, Orbital
Sciences Corporation, Sea Launch Company, LLC and The Boeing Company to
extend the comment period to the proposal The Associate Administrator
for Commercial Space Transportation of the Federal Aviation
Administration (FAA), Department of Transportation (DOT), proposed to
amend the FAA’s commercial space transportation regulations on October
25, 2000.  The comment period was scheduled to close on February 22,
2001.  This announces that the comment period is extended for an
additional 60 days to April 23, 2001.

DDATES:  Send your commentsComments must be received on or before April
December 27, 200223, 2001.

 Send your comments on or before [Insert date that is 60 days after
January 13, 2004].

ADDRESSES:  You may submit comments to DOT DMS Docket Number

FAA-2002-6717 by any of the following methods:

Web Site:   HYPERLINK "http://dms.dot.gov"  http://dms.dot.gov  . Follow
the instructions for submitting comments on the DOT electronic docket
site.

Fax: 1-202-493-2251.

Mail:  Docket Management Facility; US Department of Transportation, 400
Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC
20590-001.

Hand Delivery : Room PL-401 on the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington, DC, between 9 am and 5 pm, Monday
through Friday, except Federal Holidays.

Federal eRulemaking Portal: Go to   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov . Follow the
online instructions for submitting comments.

Instructions:  All submissions must include the agency name and docket
number or Regulatory Identification Number (RIN) for this rulemaking.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the Public Participation
heading of the Supplementary Information section of this document.  Note
that all comments received will be posted without change to   HYPERLINK
"http://dms.dot.gov"  http://dms.dot.gov  . including any personal
information provided.  Please see the Privacy Act heading under
Regulatory Notices.

Docket:  For access to the docket to read background documents or
comments received, go to   HYPERLINK "http://dms.dot.gov"
http://dms.dot.gov  at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
am and 5 pm, Monday through Friday, except Federal Holidays

FOR FURTHER INFORMATION CONTACT:  Eric vanOpstal, Flight Standards
Service, Air Transportation Division, AFS-200, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited.  The FAA invites interested persons to participate in
this proposed rulemaking by submitting written comments, data, or views.
 We also invite comments relating to the economic, environmental,
energy, or federalism impact that might result from adopting the
proposals in this document.  The most helpful comments reference a
specific portion of the proposal, explain the reason for any recommended
change, and include supporting data.  We ask that you send us two copies
of written comments.

We will file in the docket all comments we receive, as well as a report
summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking.  The docket is available for public
inspection before and after the comment closing date.  If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.  You may also review the docket using the
Internet at the web address in the ADDRESSES section.

Before acting on this proposal, we will consider all comments we receive
on or before the closing date for comments.  We will consider comments
filed late if it is possible to do so without incurring expense or
delay.  We may change this proposal in light of the comments we receive.

If you want the FAA to acknowledge receipt of your comments on this
proposal, include with your comments a pre-addressed, stamped postcard
on which the docket number appears.  We will stamp the date on the
postcard and mail it to you.

Regulatory Notices

Privacy Act:  Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
HYPERLINK "http://dms.dot.gov"  http://dms.dot.gov .

Availability of Rulemaking Documents

You can get an electronic copy using the Internet by taking the
following steps:

(1) Go to the search function of the Department of Transportation's
electronic Docket Management System (DMS) web page
(http://dms.dot.gov/search).

(2) On the search page type in the last five digits of the Docket number
shown at the beginning of this notice.  Click on "search."

(3) On the next page, which contains the Docket summary information for
the Docket you selected, click on the document number of the item you
wish to view.

You can also get an electronic copy using the Internet through FAA's web
page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the Federal
Register's web page at
http://www.access.gpo.gov/su_docs/aces/aces140.html.

You can also get a copy by submitting a request to the Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue
SW., Washington, DC  20591, or by calling<PHONE_NUMBER>.  Make sure to
identify the docket number, notice number, or amendment number of this
rulemaking.

AADDRESSES: Comments on this document should be mailed or delivered, in
duplicate, to: U.S. Department of Transportation Dockets, Docket
No. FAA-2002-13378, 400 Seventh Street, SW., Room Plaza 401,
Washington, DC 20590.  Comments may be filed and examined in Room Plaza
401 between 9 a.m. and 5 p.m. weekdays, except Federal holidays.
Comments also may be sent electronically to the Dockets Management
System (DMS) at the following Internet address: http://dms.dot.gov at
any time.  Commenters who wish to file comments electronically should
follow the instructions on the DMS web site.

Comments on this document should be mailed or delivered, in duplicate,
to: U.S. Department of Transportation Dockets, Docket
No. FAA-2000-7953, 400 Seventh Street, SW., Room Plaza 401,
Washington, DC  20590.  Comments may be filed and examined in Room
Plaza 401 between 10 a.m. and 5 p.m. weekdays, except Federal holidays.
Comments also may be sent electronically to the Dockets Management
System (DMS) at the following Internet address: http://dms.dot.gov at
any time.   Address your comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
Washington, DC  20590-0001.  You must identify the docket number
FAA-2000-7953 at the beginning of your comments, and you should submit
two copies of your comments.  If you wish to receive confirmation that
FAA received your comments, include a self-addressed, stamped postcard.
You may submit and review comments through the Internet at
http://dms.dot.gov.  You may review the public docket containing
comments to these proposed regulations in person in the Dockets Office
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays.  The Dockets Office is on Commenters who wish to file comments
electronically, should follow the instructions on the DMS web site.

the plaza level of the NASSIF Building at the Department of
Transportation at the above address  [Angela, is this right?  We
aren’t getting comment on this rule in AGC anymore?}.

FOR FURTHER INFORMATION CONTACT:  James W. Whitlow, Office of the Chief
Counsel, AGC-2, Michael Dook, Licensing and Safety Division (AST-200),
Associate Administrator for Commercial Space Transportation, Federal
Aviation Administration, DOT, Room 331, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone<PHONE_NUMBER>8462; or Laura Montgomery,
Office of the Chief Counsel (AGC-200), Federal Aviation Administration,
DOT, Room 915, 800 Independence Avenue, SW., Washington, DC 20591;
telephone<PHONE_NUMBER> facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:  SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites interested persons 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 might result from adopting the proposals in the NPRM, Notice No.
02-14.  The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data.  We ask that you send us two copies of written
comments.

We will file in the docket all comments we receive, as well as a report
summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking.  The docket is available for public
inspection before and after the comment closing date.  If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9:00 a.m. and 5:00 p.m., Monday through Friday,
except Federal holidays.  You may also review the docket using the
Internet at the web address in the ADDRESSES section.

Before acting on the proposals in the NPRM, Notice No. 02-14, we will
consider all comments we receive on or before the closing date.  We will
consider comments filed late if it is possible to do so without
incurring expense or delay.  We may change the proposals in light of the
comments we receive.

If you want the FAA to acknowledge receipt of your comments, include
with your comments a pre-addressed, stamped postcard on which the docket
number appears.  We will stamp the date on the postcard and mail it to
you.

	Interested persons are invited to participate in this rulemaking by
submitting such written data, views, or arguments, as they may desire.
Comments relating to the environmental, energy, federalism, or economic
impact that might result from adopting the proposals in this document
are also invited.  Substantive comments should be accompanied by cost
estimates.  Comments should identify the regulatory docket or notice
number and should be submitted in duplicate to the Rules Docket address
specified above.

	All comments received, as well as a report summarizing each substantive
public contact with FAA personnel on this rulemaking, will be filed in
the docket.  The docket is available for public inspection before and
after the comment closing date.

	The Administrator will consider all comments received on or before the
closing date before taking action on this proposed rulemaking.  Comments
filed late will be considered as far as possible without incurring
expense or delay.  The proposals contained in this rulemaking may be
changed in light of the comments received.

	Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must include a pre-addressed,
stamped postcard with those comments on which the following statement is
made:  "Comments to Docket No. FAA-2000-7953."  The postcard will be
date stamped and mailed to the commenter.

Availability of Rulemaking DocumentsNPRMs

	You can get aAn electronic copy is available on using the Internet by
taking the following steps:

	(1)	 Go to the search function of the Department of Transportation's
electronic Docket Management System (DMS) Web page
(http://dms.dot.gov/search).

	(2)	 On the search page type in the last four digits of the Docket
number shown at the beginning of this notice.  Click on "search."

	(3)	 On the next page, which contains the Docket summary information
for the Docket you selected, click on the document number of the item
you wish to viewproposed rule.

	An electronic copy is also available on the Internet through FAA's web
page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the Federal
Register's web page at
http://www.access.gpo.gov/su_docs/aces/aces140.html.

	Further, a copy may be obtained by submitting a written request to the
Federal Aviation Administration, Office of Rulemaking, ARM-1, 800
Independence Avenue SW., Washington, DC  20591, or by calling (202)
267-9680.  Make sure to identify the notice number or docket number of
this proposed rule.

Notice No. 00-10 was published on October 25, 2000 [65 FR 63921].  This
notice, as published, provided a 120-day comment period, which closed
February 22, 2001.

Background

	The FAA published a notice (687 FR<PHONE_NUMBER>, November 14,
2003September 27, 2002) proposing to issue regulations governing the
design, maintenance, and operations of airplanes and engines for flights
that go beyond certain distances from an adequate airport.  The notice
provided for a 60 day comment period, ending on January 13, 2004.amend
14 CFR part 119 to implement the requirement established by Section
710(a) of Public Law 106-181, the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century (AIR-21) that air carriers must
submit reports on the loss, injury or death of an animal during air
transport.  The Associate Administrator for Commercial Space
Transportation of the Federal Aviation Administration (FAA), Department
of Transportation (DOT), published a notice is proposing to amend This
information would be submitted to the Secretary of Transportation for
each month in which an incident or incidents occur, through the Animal
and Plant Health Inspection Service (APHIS), United States Department of
Agriculture (USDA).  The notice also proposed the type and manner of
information that air carriers would be required to submit to APHIS.the
FAA’s commercial space transportation regulations.  (October 25, 2000,
65FR63921).  The FAA proposes to amend its regulations to codify its
license application process for launch from a non-federal launch site.
A non-federal launch site is a launch site not located on a federal
launch range.  The proposed regulations are also intended to codify the
safety requirements for launch operators regarding license requirements,
criteria, and responsibilities in order to protect the public from the
hazards of launch for launch from a federal launch range or a
non-federal launch site.

	Extension of TimeComment Period

	In accordance with § 11.47404.13 of Title 14, Code of Federal
Regulations, the FAA has reviewed the petitions submitted to the docket
by several commentersmade by International Launch Services, Lockheed
Martin Corporation, Orbital Sciences Corporation, Sea Launch Company,
LLC and The Boeing Company for  requesting an extension of the comment
period to Notice No. 0320-114 (687 FR 647301238)0.  These petitioners
jointly requested an extension of time of 180 days to  to adequately
respond to permit more time to address substantial issues in the notice
of proposed rulemaking.  To allow additional time for a more thorough
review of applicable issues and drafting of responsive comments, the FAA
finds that there is good cause and it is in the public interest to
extend the comment period for an additional 660 days beyond the 630
days120 already provided. On January 30, 2001, five launch operators
jointly requested an extension of time of 180 days to permit more time
to address substantial issues in the notice of proposed rulemaking.  The
launch operators making the request included International Launch
Services, Lockheed Martin Corporation, Orbital Sciences Corporation, Sea
Launch Company, LLC and The Boeing Company.  To allow additional time
for a more thorough review of applicable issues and drafting of
responsive comments, the FAA finds that it is in the public interest to
extend the comment period for an additional 60 days beyond the 120
already provided.   Accordingly, the comment period for Notice No.
0320-1140 is extended until [Insert date that is 60 days after January
13, 2004]Decembercomments are now due on or before April 23, 20 27,
2002.01.

Issued in Washington, DC, on December 31, 2003_________, 2001

/s/ John M. Allen

____________________

Patricia Grace Smith

Associate Administrator for Commercial

Space Transportation.James W. Whitlow

Acting Director, Flight Standards Service.

,

Deputy Chief Counsel.

  PAGE  5


[Federal Register: July 24, 2006 (Volume 71, Number 141)]
[Notices]
[Page 41792]
[DOCID:fr24jy06-64]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-332-001]

Northern Natural Gas Company; Notice of Proposed Changes in FERC
Gas Tariff

July 14, 2006.
    Take notice that on July 7, 2006, Northern Natural Gas Company
(Northern) filed to supplement its April 28, 2006 tariff filing in the
above-referenced docket to adjust the boundary between Operational
Zones ABC and EF to the Iowa/Minnesota border.
    Northern states that copies of the filing have been mailed to each
of its customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-11665 Filed 7-21-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Notices]
[Pages 42233-42235]
[FR Doc No: 2022-15005]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95237; File No. SR-NSCC-2022-004]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Order Approving a Proposed Rule Change To Require
Applicants and Members To Maintain or Upgrade Their Network or
Communications Technology

July 8, 2022.

I. Introduction

    On May 11, 2022, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-NSCC-2022-004 (``Proposed Rule
Change'') pursuant to Section 19(b)(1) of the Securities Exchange Act
of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The Proposed Rule
Change was published for comment in the Federal Register on May 31,
2022.\3\ The Commission did not receive any comment letters on the
proposed rule change. For the reasons discussed below, the Commission
is approving the Proposed Rule Change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 94977 (May 24, 2022), 87
FR 32485 (May 31, 2022) (SR-NSC-2022-004) (``Notice of Filing'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

A. Background

    NSCC proposes to modify its Rules and Procedures (``Rules'') \4\ to
require its Members, Limited Members, Sponsored Members, and applicants
for membership (collectively, ``members'') to upgrade and maintain
their network technology, and communications technology or protocols,
to meet standards that NSCC would identify and publish via Important
Notice on its website, as described more fully below.
---------------------------------------------------------------------------

    \4\ NSCC's Rules are available at https://dtcc.com/~/media/
Files/Downloads/legal/rules/nscc_rules.pdf.
---------------------------------------------------------------------------

    NSCC provides clearance, settlement, risk management, central
counterparty services, and a guarantee of completion for virtually all
broker-to-broker trades involving equity securities, corporate and
municipal debt securities, American depository receipts, exchange
traded funds, and unit investment trusts.\5\ In light of its critical
role in the marketplace, NSCC was designated a Systemically Important
Financial Market Utility (``SIFMU'') under Title VIII of the Dodd-Frank
Wall Street Reform and Consumer Protection Act of 2010.\6\ Due to
NSCC's unique position in the marketplace, a failure or a disruption at
NSCC could, among other things, increase the risk of significant
liquidity problems spreading among financial institutions or markets,
and thereby threaten the stability of the financial system in the
United States.\7\
---------------------------------------------------------------------------

    \5\ See Financial Stability Oversight Counsel 2012 Annual
Report, Appendix A (``FSOC 2012 Report''), available at http://www.treasury.gov/initiatives/fsoc/Documents/2012%20Annual%20Report.pdf.
    \6\ 12 U.S.C. 5465(e)(1). See FSOC 2012 Report, supra note 5.
    \7\ See FSOC 2012 Report, Appendix A, supra note 5.
---------------------------------------------------------------------------

    NSCC's Rules currently do not require, either as part of an
application for membership or as an ongoing membership requirement, any
level or version for network technology, such as a web browser or other
technology, or any level or version of communications technology or
protocols, such as email encryption, secure messaging, or file
transfers, that members may use to connect to or communicate with
NSCC.\8\ Therefore, NSCC currently maintains multiple network and
communications methods and protocols to interact with its members.\9\
This includes some outdated communication technologies in order to
support members that continue to use such older technologies.\10\ NSCC
believes that continuing to use such outdated technologies could render
communications between NSCC and some of its members vulnerable to cyber
risks.\11\ Additionally, members' use of outdated technology delays
NSCC's implementation of its own internal system upgrades, which by
doing so, risks losing connectivity between NSCC and a number of its
members.\12\ Finally, NSCC states that it currently expends additional
resources, both in personnel and equipment, to maintain outdated
communications channels.\13\
---------------------------------------------------------------------------

    \8\ Notice of Filing, supra note 3, at 32486.
    \9\ Id.
    \10\ Id.
    \11\ Id.
    \12\ Id.
    \13\ Id.
---------------------------------------------------------------------------

    To mitigate the foregoing security concerns and resource
inefficiencies, NSCC proposes to require its members to upgrade and
maintain network technology, communication technology, and protocol
standards, in accordance with applicable technology standards that NSCC
would identify and publish via Important Notice on its website from
time to time.\14\ NSCC would base these requirements on standards set
forth by widely accepted organizations such as the National Institute
of Standards and Technology (``NIST'') and the internet Engineer Task
Force (``IETF'').\15\
---------------------------------------------------------------------------

    \14\ Id.
    \15\ Id. NIST is part of the U.S. Department of Commerce. The
IETF is an open standards organization that develops and promotes
voluntary internet standards, in particular, the technical standards
that comprise the internet protocol suite (TCP/IP). For example,
NIST Special Publication 800-52 revision 2, specifies servers that
support government-only applications shall be configured to use
Transport Layer Security (``TLS'') 1.2 and should be configured to
use TLS 1.3 as well. See https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-52r2.pdf. (TLS, the successor of the
now-deprecated Secure Sockets Layer (``SSL''), is a cryptographic
protocol designed to provide communications security over a computer
network.) These servers should not be configured to use TLS 1.1 and
shall not use TLS 1.0, SSL 3.0, or SSL 2.0. Additionally, the IETF
formally deprecated TLS versions 1.0 and 1.1 in March of 2021,
stating that ``[t]hese versions lack support for current and
recommended cryptographic algorithms and mechanisms, and various
government and industry profiles of applications using TLS now
mandate avoiding these old TLS versions. . . . Removing support for
older versions from implementations reduces the attack surface,
reduces opportunity for misconfiguration, and streamlines library
and product maintenance.'' See https://datatracker.ietf.org/doc/rfc8996/. NSCC would also require members to discontinue using File
Transfer Protocol (``FTP''), which NSCC believes to be an insecure
protocol because it transfers user authentication data (username and
password) and file data as plain-text (not encrypted) over the
network. Notice of Filing, supra note 3, at 32486.
---------------------------------------------------------------------------

    To implement the proposed changes, NSCC would revise its Rules to
require members to maintain or upgrade their network technology,
communications technology, or protocols on the systems that connect to
NSCC, to the version NSCC requires, within the time period NSCC
requires.\16\ Consistent with the guidance from NIST and other
standards organizations, NSCC would require the use of TLS 1.2, Secure
FTP (``SFTP''), and other modern technology and communication standards
and protocols, by its members for communication with NSCC.\17\ NSCC
would publish such requirements via Important Notice on its
website.\18\ NSCC also proposes to amend its Rules to provide that
failure to perform a necessary technology upgrade within the required
timeframe would subject members to a monetary fine.\19\
---------------------------------------------------------------------------

    \16\ Notice of Filing, supra note 3, at 32486-87.
    \17\ Id.
    \18\ Id.
    \19\ Notice of Filing, supra note 3, at 32487.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \20\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such organization. After

careful consideration, the Commission finds that the Proposed Rule
Change is consistent with the requirements of the Act and the rules and
regulations applicable to NSCC. In particular, the Commission finds
that the Proposed Rule Change is consistent with Sections 17A(b)(3)(F)
\21\ and (b)(3)(G) \22\ of the Act and Rules 17Ad-22(e)(17) \23\ and
(e)(21) \24\ thereunder.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2)(C).
    \21\ 15 U.S.C. 78q-1(b)(3)(F).
    \22\ 15 U.S.C. 78q-1(b)(3)(G).
    \23\ 17 CFR 240.17Ad-22(e)(17)(i) and (ii).
    \24\ 17 CFR 240.17Ad-22(e)(21)(iv).
---------------------------------------------------------------------------

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

    Section 17A(b)(3)(F) of the Act requires that the rules of a
clearing agency be designed to, among other things, promote the prompt
and accurate clearance and settlement of securities transactions and
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible.\25\
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As described above, NSCC proposes to require its members to upgrade
and maintain network technology, and communication technology and
protocol standards, that meet the standards identified by NSCC and
published via Important Notice to NSCC's website from time to time.
NSCC would use standards set forth by widely accepted organizations
such as NIST and the IETF as the requirements. The proposed
requirements would enable NSCC to avoid communicating with its members
using outdated technologies that present security vulnerabilities to
NSCC. Specifically, as an initial matter, the proposed requirements
would enable NSCC to discontinue using communication technologies such
as TLS 1.0, TLS 1.1, SSL 2.0, SSL 3.0, and FTP, which have been deemed
not secure by organizations such as NIST and/or the IETF. Removing
support for such outdated technologies would reduce NSCC's potential
exposure to cyberattacks and other cyber vulnerabilities.
    If not adequately addressed, the risk of cyberattacks and other
cyber vulnerabilities could affect NSCC's network and, in turn, NSCC's
ability to clear and settle securities transactions, or to safeguard
the securities and funds which are in NSCC's custody or control, or for
which it is responsible. NSCC designed the proposed requirements for
members to upgrade their communications technology to address those
risks, as described above. Accordingly, the Commission finds the
proposed technology requirements on NSCC's members would promote the
prompt and accurate clearance and settlement of securities transactions
and assure the safeguarding of securities and funds which are in the
custody or control of NSCC or for which it is responsible, consistent
with the requirements of Section 17A(b)(3)(F) of the Act.\26\
---------------------------------------------------------------------------

    \26\ Id.
---------------------------------------------------------------------------

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

    Section 17A(b)(3)(G) of the Act requires the rules of a clearing
agency to provide that its participants shall be appropriately
disciplined for violation of any provision of the rules of the clearing
agency by fine or other fitting sanction.\27\ As noted above, NSCC
proposes to require its members to upgrade and maintain network
technology, communication technology, and protocol standards, in
accordance with applicable technology standards that NSCC would
identify and publish via Important Notice on its website. The proposed
requirements would enable NSCC to avoid communicating with its members
using outdated technologies that present security vulnerabilities to
NSCC. If not adequately addressed, such vulnerabilities could affect
NSCC's network and its ability to operate. NSCC also proposes to amend
its Rules to provide that failure to perform a necessary technology
upgrade within the required timeframe would subject members to a
monetary fine. Because the proposed monetary fine should incentivize
NSCC's members to upgrade and maintain secure communications
technology, thereby reducing NSCC's operational risks, the Commission
finds the proposed rule change is consistent with the requirements of
Section 17A(b)(3)(G) of the Act.\28\
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78q-1(b)(3)(G).
    \28\ Id. Additionally, by including the monetary fine provision
in its Rules, NSCC would enable its members to better identify and
evaluate the material costs they might incur by participating in
NSCC, consistent with Rule 17Ad-22(e)(23)(ii). under the Act, which
requires a covered clearing agency to establish, implement,
maintain, and enforce written policies and procedures reasonably
designed to provide sufficient information to enable participants to
identify and evaluate the risks, fees, and other material costs they
incur by participating in the covered clearing agency. See 17 CFR
240.17Ad-22(e)(23)(ii).
---------------------------------------------------------------------------

C. Consistency With Rule 17Ad-22(e)(17) Under the Act

    Rule 17Ad-22(e)(17)(i) under the Act requires that each covered
clearing agency establish, implement, maintain and enforce written
policies and procedures reasonably designed to manage the covered
clearing agency's operational risks by identifying the plausible
sources of operational risk, both internal and external, and mitigating
their impact through the use of appropriate systems, policies,
procedures, and controls.\29\ NSCC's operational risks include cyber
risks to its electronic systems.
---------------------------------------------------------------------------

    \29\ 17 CFR 240.17Ad-22(e)(17)(i).
---------------------------------------------------------------------------

    As described above, NSCC and its members connect electronically to
communicate with one another. However, NSCC's Rules currently do not
require any level or version for network technology, such as a web
browser or other technology, or any level or version of communications
technology or protocols, such as email encryption, secure messaging, or
file transfers, that members may use to connect to or communicate with
NSCC. As a result, NSCC maintains some outdated communication
technologies in order to support members that continue to use such
older technologies. Continuing to use such outdated technologies could
render communications between NSCC and some of its members vulnerable
to cyber risks.
    To mitigate the foregoing cyber risks, NSCC proposes to require its
members to upgrade and maintain network technology, and communication
technology and protocol standards that meet the standards identified by
NSCC from time to time. The proposed technology requirements should
reduce NSCC's cyber risk by requiring members to upgrade and maintain
communications technology based on standards set forth by widely
accepted organizations such as NIST and the IETF, thereby decreasing
the operational risks presented to NSCC. Because the proposed
technology requirements would help NSCC mitigate plausible sources of
external operational risk, the Commission finds the proposed changes
are consistent with the requirements of Rule 17Ad-22(e)(17)(i) under
the Act.\30\
---------------------------------------------------------------------------

    \30\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(17)(ii) under the Act requires that each covered
clearing agency establish, implement, maintain and enforce written
policies and procedures reasonably designed to manage the covered
clearing agency's operational risks by ensuring, in part, that systems
have a high degree of security, resiliency, and operational
reliability.\31\ As noted above, NSCC's operational risks include cyber
risks.
---------------------------------------------------------------------------

    \31\ 17 CFR 240.17Ad-22(e)(17)(ii).
---------------------------------------------------------------------------

    As described above, NSCC's Rules currently do not require any level
or version for network technology, such as a web browser or other
technology, or any level or version of communications

technology or protocols, such as email encryption, secure messaging, or
file transfers, that members may use to connect to or communicate with
NSCC. NSCC designed the proposed technology requirements to reduce
cyber risks by requiring its members to upgrade and maintain
communications technology based on standards set forth by widely
accepted organizations such as NIST and the IETF. Requiring NSCC's
members to use only secure communications technology would reduce
NSCC's cyber risks and thereby strengthen the security, resiliency, and
operational reliability of NSCC's network and other systems. Because
the proposed technology requirements would enhance NSCC's ability to
ensure that its systems have a high degree of security, resiliency, and
operational reliability, the Commission finds the Proposed Rule Change
is consistent with the requirements of Rule 17Ad-22(e)(17)(ii) under
the Act.\32\
---------------------------------------------------------------------------

    \32\ Id.
---------------------------------------------------------------------------

D. Consistency With Rule 17Ad-22(e)(21) Under the Act

    Rule 17Ad-22(e)(21)(iv) under the Act requires that each covered
clearing agency establish, implement, maintain and enforce written
policies and procedures reasonably designed to have the covered
clearing agency's management regularly review the efficiency and
effectiveness of its use of technology and communication
procedures.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 240.17Ad-22(e)(21)(iv).
---------------------------------------------------------------------------

    As mentioned above, NSCC maintains multiple network and
communication methods to interact with its members, including certain
outdated communication technologies necessary to support members that
continue to use such older technologies. NSCC believes that continuing
to use such outdated technologies could render communications between
NSCC and some of its members vulnerable to cyber risks. Additionally,
members' use of outdated technology delays NSCC's implementation of its
own internal system upgrades, which by doing so, risks losing
connectivity between NSCC and a number of its members. Finally, NSCC
states that it currently expends unnecessary resources to maintain
outdated communications channels. In other words, NSCC has subjected
its network communication methods to review for efficiency and
effectiveness. As a result, to enhance the efficiency and effectiveness
of its technology and communication procedures, NSCC proposes to
require its members to upgrade and maintain network technology,
communication technology, and protocol standards, in accordance with
applicable technology standards that NSCC would identify and publish
via Important Notice on its website. Because the Proposed Rule Change
is an outgrowth of NSCC's review of the efficiency and effectiveness of
its technology and communication procedures, the Commission finds the
Proposed Rule Change is consistent with the requirements of Rule 17Ad-
22(e)(21)(iv) under the Act.\34\
---------------------------------------------------------------------------

    \34\ Id.
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
Proposed Rule Change is consistent with the requirements of the Act and
in particular with the requirements of Section 17A of the Act \35\ and
the rules and regulations promulgated thereunder.
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\36\ that Proposed Rule Change SR-NSCC-2022-004, be, and hereby is,
approved.\37\
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78s(b)(2).
    \37\ In approving the Proposed Rule Change, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-15005 Filed 7-13-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 237 (Friday, December 10, 2010)]
[Proposed Rules]
[Pages 76928-76930]
[FR Doc No: 2010-31094]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 139

[Docket No. FAA-2010-0997; Notice No. 10-14]
RIN 2120-AJ38

Safety Management System for Certificated Airports; Extension of
Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.

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

SUMMARY: This action extends the comment period for an NPRM that was
published on October 7, 2010. In that document, the FAA proposed to
require each certificate holder to establish a safety management system
(SMS) for its entire airfield environment (including movement and non-
movement areas) to improve safety at airports hosting air carrier
operations. Several associations representing airports and other
aviation industry segments have requested that the FAA extend the
comment period closing date to allow time to adequately analyze the
NPRM and prepare comments.

DATES: The comment period for the NPRM published on October 7, 2010,
closing on January 5, 2011, is extended until March 7, 2011.

ADDRESSES: You may send comments identified by docket number FAA-2010-
0997 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue, SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Denniston, ARM-200, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591, telephone<PHONE_NUMBER>; facsimile (202)
267-5075, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: See the Additional Information section for
information on how to comment on this proposal and how the FAA will
handle comments received. The ``Additional Information'' section also
contains related information about the docket, privacy, and the
handling of proprietary or confidential business information. In
addition, there is information on obtaining copies of related
rulemaking documents.

Background

    On October 7, 2010, the FAA published Notice No. 10-14, entitled
``Safety Management System for Certificated Airports'' (75 FR 62008).
Comments to that document were to be received on or before January 5,
2011.
    By a comment posted to the docket on October 13, 2010, the
Experimental Aircraft Association (EAA) requested that the comment
period be extended by the same number of days in which it takes the FAA
to post a full list of part 139 certificated airports to the Safety
Management System for Certificated Airports docket. The Airport
Certification Status List was posted to the docket on October 27, 2010.
Subsequently, in letters dated November 19, 2010, the Airports Council
International, North America (ACI-NA) and the American Association of
Airport Executives (AAAE) requested that the FAA extend the comment
period for Notice No. 10-14 for 90 days. On December 2, 2010, the Clark
County, Nevada Department of Aviation also requested an extension of
the comment period for 90 days. All petitioners requested the extension
to allow time to adequately assess the impact of the NPRM and prepare
comments.
    While the FAA concurs with the petitioners' requests for an
extension of the comment period on Notice No. 10-14, it does not
support a 90-day extension. The FAA finds that providing an additional
60 days is sufficient for commenters to analyze the NPRM and provide
meaningful comment to Notice No. 10-14.
    Absent unusual circumstances, the FAA does not anticipate any
further extension of the comment period for this rulemaking.

Extension of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal
Regulations, the FAA has reviewed the petitions made by the
Experimental Aircraft Association (EAA), Airports Council
International, North America (ACI-NA), the American Association of
Airport Executives (AAAE), and the Clark County, Nevada Department of
Aviation for extension of the comment period to Notice No. 10-14. These
petitioners have shown a substantive interest in the proposed rule and
good cause for the extension. The FAA has determined that extension of
the comment period is consistent with the public interest, and that
good cause exists for taking this action.
    Accordingly, the comment period for Notice No. 10-14 is extended
until March 7, 2011.

Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, 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 only one time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
    Proprietary or Confidential Business Information: Do not file
proprietary or confidential business information in the docket. Such
information must be sent or delivered directly to the person identified
in the FOR FURTHER INFORMATION CONTACT section of this document, and
marked as proprietary or confidential. If submitting information on a
disk or CD ROM, mark the outside of the disk or CD ROM, and identify
electronically within the disk or CD ROM the specific information that
is proprietary or confidential.
    Under 14 CFR 11.35(b), when the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced in item
(1) above.

    Issued in Washington, DC, on December 7, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2010-31094 Filed 12-9-10; 8:45 am]
BILLING CODE 4910-13-P


TO:	EPA Docket No. EPA-HQ-OAR-2003-0146

FROM:	Bob Lucas, EPA/SPPD

DATE:	August 6, 2007

SUBJECT:	Average Refinery Stream Composition

I.	Purpose

This memorandum documents the overall average refinery waste stream compositions used in estimating the impacts of various control options considered for petroleum refineries.

II.	Average Refinery Stream Compositions

During the development of 40 CRF part 63, subpart CC (commonly referred to as Refinery MACT 1), average waste stream composition data were collected.  These data are summarized in a memorandum in a letter for Patrick Murphy to James Durham (Murphy, 1993).  The average individual process stream compositions as reported by Murphy are reproduced in Table 1 of this memorandum.  However, in Table 1 we report a different overall average refinery process stream composition.  The overall average composition developed by Murphy used a direct arithmetic average concentration of the reported streams.  However, alkylate production, for example, is only a small fraction of the crude throughput.  In the current analysis, production and capacity data from the EIA (EIA, 2006a and 2006b) were used to develop an overall, weighted-average composition.  Since production and capacity data were reported on a volume basis (e.g., barrels per day) and the concentrations were reported on a mass basis (i.e., weight percent) the density of the streams were used to develop a mass weighted-average concentration for the petroleum refinery process streams.  The data used to estimate the weighted-average concentrations as well as the results of this calculation are presented in Table 1.

III.	References

EIA. 2006a. Petroleum Supply Annual 2005. Prepared by the Energy Information Administration, Washington, DC. October 23.

EIA. 2006b. Refinery Capacity Report 2006. Prepared by the Energy Information Administration, Washington, DC. June 15.  SEQ CHAPTER \h \r 1

Murphy, P.  1993.  Letter from P. Murphy (Radian) to J. Durham (EPA).   Average Weight Percent HAPs in Refinery Streams.  Providing emission estimates for Petroleum Refinery MACT I (Subpart CC).  August 10, 1993.

Table 1.  Average Petroleum Refinery Stream Compositions

	Concentration of Refinery Process Stream (wt %)1	Calculated Weighted Average Conc.  (wt %)

	Gasoline	Alkylate	Crude oil	Reformate	Naphtha

	HAP	Liquid	Vapor	Liquid	Vapor	Liquid	Vapor	Liquid	Vapor	Liquid	Vapor Liquid	Vapor

2,2,4-Trimethylpentane	4.72	0.953	35.4	9.4	0.263	0.247	1.36	0.509	0.799 0.355	2.457	0.707

Benzene	1.61	0.626	0.118	0.061	0.446	0.807	4.61	3.32	1.244	1.06	1.212 1.024

Biphenyl	0.01	0	0	0	0.061	0.00002	0.025	0	0	0	0.037	0.000

Cresols	0.789	0.00065	0	0	0.218	0.0008	0.141	0.0002	0.0191	0.00003	0.315 0.001

Cumene	0.849	0.01565	0.004	0.0001	0.126	0.0108	0.968	0.033	0.91	0.0368 0.460	0.017

Ethylbenzene	1.605	0.0631	0.011	0.0006	0.346	0.0633	3.73	0.272	1.366 0.118	1.079	0.088

Hexane	7.138	4.428	3.22	2.63	2.46	7.11	3.9	4.48	7.53	10.27	4.260	6.440

Methyl tertiary butyl ether	3.54	3.62	0	0	0	0	0	0	0	0	0.821	0.839

Naphthalene	0.444	0.0006	0.012	0.00002	0.219	0.00125	0.798	0.0018	0.399 0.0011	0.343	0.001

Phenol	0.0551	0.0001	0	0	0.323	0.0031	0.0276	0.0001	0.066	0.0003	0.194 0.002

Styrene	3.528	0.0882	0	0	0	0	0.0907	0.0042	0	0	0.827	0.021

Toluene	7.21	0.842	0.503	0.077	0.878	0.477	14.54	3.14	5.05	1.295	4.161 0.907

Xylene	7.17	0.235	0.0212	0.0009	1.42	0.216	13.79	0.8367	5.49	0.395	4.398 0.296

Total Organic HAP	38.67	10.87	39.29	12.17	6.76	8.94	43.98	12.60	22.87 13.53	20.56	10.34

Density2	0.74

0.692

0.88

0.79

0.79

	EIA Petroleum Annual 2006 (2005 data), bbl/cd3	7901893

15220088

	EIA Refinery Capacity Report 2006, bbl/sd4

	1238479

18307502

3859070

	Calculated stream day capacity utilization5

	0.83136

	Calculated Production, bbl/cd (bbl/sd×0.83136)

	1029619

3208269

3461132

	Weighting Factor Used6	0.4366	 	0.0532	 	1	 	0.1892	 	0.2041

	1Source of individual process stream concentration data:  letter from Patrick Murphy (Radian) to James Durham (EPA), August 10, 1993

2Gasoline and naphtha densities from product MSDS sheets; alkylate density assumed to be density of 2,2,4-trimethylpentane; reformate density assumed equal to naphtha; crude density based on mid-range of medium crude (API gravity of 30 degrees API).

3Gasoline production is net production of Finished Motor Gasoline from Table 18 minus net inputs of Motor Gasoline Blending Components from Table 17 of EPA, 2006a; crude throughput from net inputs in Table 17 of EPA, 2006a.

4Capacity data for crude distillation, alkylation, and catalytic reforming units reported in EPA 2006b.

5Stream day to actual calendar day capacity utilization factor based on crude throughput data:  15,220,088/18,307,502 = 0.83136.

6Weighting factor = (Stream Production (bb/cd) × Stream Density) / (Crude Production (bbl/cd) × Crude Density).

Technical Memorandum – Storage Vessels:  Control Options and Impact Estimates

July 27, 2007

Page   PAGE  3

Technical Memorandum

Technical Memorandum – Average Refinery Stream Composition

August 6, 2007

Page   PAGE  2


[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Rules and Regulations]
[Pages 36089-36091]
[FR Doc No: 2013-14247]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0462; Directorate Identifier 2013-NM-092-AD;
Amendment 39-17476; AD 2013-11-16]
RIN 2120-AA64

Airworthiness Directives; Hawker Beechcraft Corporation (Type
Certificate Previously Held by Raytheon Aircraft Company) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Hawker Beechcraft Corporation (Type Certificate Previously Held by
Raytheon Aircraft Company) Model BAe.125 Series 800A (including C-29A
and U-125), and 800B airplanes; and Model Hawker 800 (including variant
U-125A) and 800XP airplanes modified in accordance with a certain
winglet supplemental type certificate. This AD requires revising the
Limitations section of the airplane flight manual (AFM) and installing
placards on the instrument panel. This AD was prompted by reports of
several instances of severe vibration and wing/aileron oscillations. We
are issuing this AD to prevent vibration and wing/aileron oscillations,
which could cause structural damage or lead to divergent flutter, and
result in loss of integrity of the wing, loss of control of the
airplane, and in-flight breakup.

DATES: This AD is effective July 2, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 2, 2013.
    We must receive comments on this AD by August 1, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Aviation
Partners Inc., 7299 Perimeter Road South, Seattle, WA 98108; telephone
800-946-4538; email<EMAIL_ADDRESS>Internet https://www.aviationpartners.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We have received reports of several instances of severe vibration
and wing/aileron oscillation due to lack of sufficient flutter margin
with winglets installed. This condition, if not corrected, could cause
structural damage or lead to divergent flutter, and result in loss of
integrity of the wing, loss of control of the airplane, and in-flight
breakup.

Relevant Service Information

    We reviewed Aviation Partners Service Bulletin SBH-13-001, Revision
A, dated May 3, 2013. The service information describes procedures for
revising the Limitations section of the AFM to include an altitude
restriction, and installing placards on the instrument panel.

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 the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously.

Interim Action

    We consider this AD interim action. Aviation Partners Inc. is
currently developing a modification that will address the unsafe
condition identified in this AD. Once this modification is developed,
approved, and available, we may consider additional rulemaking. The
modification is expected to remove the altitude restriction.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
severe vibration and wing/aileron oscillations could cause structural
damage or lead to divergent flutter, and result in loss of integrity of
the wing, loss of control of the airplane, and in-flight breakup.
Therefore, we find that notice and opportunity for prior public comment
are impracticable and that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2013-0462 and
Directorate Identifier 2013-NM-092-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 102 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM Revision.......................  1 work-hour x $85 per hour               $0             $85          $8,670
                                      = $85.
Placard Installation...............  1 work-hour x $85 per hour               10              95           9,690
                                      = $85.
----------------------------------------------------------------------------------------------------------------

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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under 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.

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):

2013-11-16 Hawker Beechcraft Corporation (Type Certificate
Previously Held by Raytheon Aircraft Company): Amendment 39-17476;
Docket No. FAA-2013-0462; Directorate Identifier 2013-NM-092-AD.

(a) Effective Date

    This AD is effective July 2, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Hawker Beechcraft Corporation (Type
Certificate Previously Held by Raytheon Aircraft Company) Model
BAe.125 Series 800A (including C-29A and U-125), and 800B airplanes;
and Model Hawker 800 (including variant U-125A) and 800XP airplanes;
certificated in any category; modified by Aviation Partners Inc.
Supplemental Type Certificate (STC) ST01411SE (http://rgl.faa.gov/
Regulatory--and--Guidance--Library/rgstc.nsf/0/
1b3a5d9052d875c0862577a700704eb6/$FILE/ST01411SE.pdf).

 (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 27, Flight Controls; and Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of several instances of severe
vibration and wing/aileron oscillation due to lack of sufficient
flutter margin with winglets installed. We are issuing this AD to
prevent vibration and wing/aileron oscillations,

which could cause structural damage or lead to divergent flutter,
and result in loss of integrity of the wing, loss of control of the
airplane, and in-flight breakup.

(f) Compliance

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

(g) Revise the Airplane Flight Manual

    Within 45 days after the effective date of this AD: Revise the
Limitations section of the airplane flight manual (AFM) by inserting
the text specified in figure 1 to paragraph (g) of this AD adjacent
to the page which states the Operational Limitations--Maximum
Permissible Altitude.
[GRAPHIC] [TIFF OMITTED] TR17JN13.000

    Note 1 to paragraph (g) of this AD: When a statement identical
to that in paragraph (g) of this AD has been included in the
Limitations section of the general revisions of the AFM, the general
revisions may be inserted into the AFM and the statement inserted as
required by paragraph (g) of this AD may be removed.

(h) Installation of the Placards

    Within 45 days after the effective date of this AD: Install
placards on the instrument panel, in accordance with paragraph 3.B.
of the Accomplishment Instructions of Aviation Partners Service
Bulletin SBH-13-001, Revision A, dated May 3, 2013.

(i) Alternative Methods of Compliance (AMOCs)

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

(j) Related Information

    For more information about this AD, contact Kathleen Arrigotti,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Aviation Partners Service Bulletin SBH-13-001, Revision A,
dated May 3, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Aviation Partners Inc., 7299 Perimeter Road South, Seattle, WA
98108; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet https://www.aviationpartners.com.
    (4) You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 24, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-14247 Filed 6-14-13; 8:45 am]
BILLING CODE 4910-13-P