[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67728-67731]
[FR Doc No: 2022-24412]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96223; File No. SR-CBOE-2022-055]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Renew
an Existing Pilot Program Until May 8, 2023

November 3, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 24, 2022, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have

been prepared by the Exchange. The Exchange filed the proposal as a
``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to renew an existing pilot program until May 8, 2023. The text of the
proposed rule change is provided below. (additions are italicized;
deletions are [bracketed])
* * * * *
Rules of Cboe Exchange, Inc.
* * * * *

Rule 4.13. Series of Index Options

    (a)-(d) No change.
    (e) Nonstandard Expirations Pilot Program.
    (1)-(2) No change.
    (3) Duration of Nonstandard Expirations Pilot Program. The
Nonstandard Expirations Pilot Program shall be through [November 7,
2022]May 8, 2023.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On September 14, 2010, the Securities and Exchange Commission (the
``Commission'') approved a Cboe Options proposal to establish a pilot
program under which the Exchange is permitted to list P.M.-settled
options on broad-based indexes to expire on (a) any Friday of the
month, other than the third Friday-of-the-month, and (b) the last
trading day of the month.\5\ On January 14, 2016, the Commission
approved a Cboe Options proposal to expand the pilot program to allow
P.M.-settled options on broad-based indexes to expire on any Wednesday
of month, other than those that coincide with an EOM.\6\ On August 10,
2016, the Commission approved a Cboe Options proposal to expand the
pilot program to allow P.M.-settled options on broad-based indexes to
expire on any Monday of month, other than those that coincide with an
EOM.\7\ On April 12, 2022, the Commission approved a Cboe Options
proposal to expand the pilot program to allow P.M.-settled SPX options
to also expire on Tuesday or Thursday.\8\ On September 15, 2022, the
Commission approved a Cboe Options proposal to expand the pilot program
to allow P.M.-settled XSP options to similarly expire on Tuesday or
Thursday.\9\ Under the terms of the Nonstandard Expirations Pilot
Program (``Program''), Weekly Expirations and EOMs are permitted on any
broad-based index that is eligible for regular options trading. Weekly
Expirations and EOMs are cash-settled and have European-style exercise.
The proposal became effective on a pilot basis for a period of fourteen
months that commenced on the next full month after approval was
received to establish the Program \10\ and was subsequently
extended.\11\ Pursuant to Rule 4.13(e)(3), the Program is scheduled to
expire on November 7, 2022. The Exchange believes that the Program has
been successful and well received by its Trading Permit Holders and the
investing public during that the time that it has been in operation.
The Exchange hereby proposes to extend the Program until May 8, 2023.
This proposal does not request any other changes to the Program.
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    \5\ See Securities Exchange Act Release 62911 (September 14,
2010), 75 FR 57539 (September 21, 2010) (order approving SR-CBOE-
2009-075).
    \6\ See Securities Exchange Act Release 76909 (January 14,
2016), 81 FR 3512 (January 21, 2016) (order approving SR-CBOE-2015-
106).
    \7\ See Securities Exchange Act Release 78531 (August 10, 2016),
81 FR 54643 (August 16, 2016) (order approving SR-CBOE-2016-046).
    \8\ See Securities Exchange Act Release 94682 (April 12, 2022)
(order approving SR-CBOE-2022-005).
    \9\ See Securities Exchange Act Release 95795 (September 21,
2022) (order approving SR-CBOE-2022-039).
    \10\ See supra note 7.
    \11\ See Securities Exchange Act Release 65741 (November 14,
2011), 76 FR 72016 (November 21, 2011) (immediately effective rule
change extending the Program through February 14, 2013). See also
Securities Exchange Act Release 68933 (February 14, 2013), 78 FR
12374 (February 22, 2013) (immediately effective rule change
extending the Program through April 14, 2014); 71836 (April 1,
2014), 79 FR 19139 (April 7, 2014) (immediately effective rule
change extending the Program through November 3, 2014); 73422
(October 24, 2014), 79 FR 64640 (October 30, 2014) (immediately
effective rule change extending the Program through May 3, 2016);
76909 (January 14, 2016), 81 FR 3512 (January 21, 2016) (extending
the Program through May 3, 2017); 80387 (April 6, 2017), 82 FR 17706
(April 12, 2017) (extending the Program through May 3, 2018); 83165
(May 3, 2018), 83 FR 21316 (May 9, 2018) (SR-CBOE-2018-038)
(extending the Program through November 5, 2018); 84534 (November 5,
2019), 83 FR 56119 (November 9, 2018) (SR-CBOE-2018-070) (extending
the Program through May 6, 2019); 85650 (April 15, 2019), 84 FR
16552 (April 19, 2019) (SR-CBOE-2019-022) (extending the Program
through November 4, 2019); 87462 (November 5, 2019), 84 FR 61108
(November 12, 2019) (SR-CBOE-2019-104) (extending the Program
through May 4, 2020); 88673 (April 16, 2020), 85 FR 22507 (April 22,
2020) (SR-CBOE-2020-035) (extending the Program through November 2,
2020); 90262 (October 23, 2020) 85 FR 68616 (October 29, 2020) (SR-
CBOE-2020-101); 91697 (April 28, 2021), 86 FR 23775 (May 4, 2021)
(SR-CBOE-2021-026) (extending the Program through November 1, 2021);
93459 (October 28, 2021), 86 FR 60663 (November 3, 2021) (SR-CBOE-
2021-063) (extending the Program through May 2, 2022); and 94800
(April 27, 2022) 87 FR 26248 (May 3, 2022) (SR-CBOE-2022-021
(extending the Program through November 7, 2022).
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    Pursuant to the order approving the establishment of the Program,
two months prior to the conclusion of the pilot period, Cboe Options is
required to submit an annual report to the Commission, which addresses
the following areas: Analysis of Volume & Open Interest; Monthly
Analysis of Weekly Expirations & EOM Trading Patterns; Provisional
Analysis of Index Price Volatility; and, for SPX and XSP options
specifically, certain market quality data.\12\ The Exchange has
submitted, under separate cover, the annual report in connection with
the present proposed rule change. Additionally, the Exchange will
provide the Commission with any additional data or analyses the
Commission requests because it deems such data or analyses necessary to
determine whether the Program is consistent with the Exchange Act. The
Exchange is in the process of making public on its website all data and
analyses previously submitted to the Commission under the Program,\13\
and will make public any data and analyses it makes to the

Commission under the Program in the future.
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    \12\ The SPX and XSP options market quality data includes time-
weighted relative quoted spreads, relative effective spreads and
time-weighted bid and offer sizes, over sample periods determined by
the Exchange and the Commission.
    \13\ Available at https://www.cboe.com/aboutcboe/legal-regulatory/national-market-system-plans/non-standard-expiration-data.
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    If, in the future, the Exchange proposes an additional extension of
the Program, or should the Exchange propose to make the Program
permanent (which the Exchange currently intends to do), the Exchange
will submit an annual report (addressing the same areas referenced
above and consistent with the order approving the establishment of the
Program) to the Commission at least two months prior to the next bi-
annual expiration date of the Program.\14\ The Exchange will also make
this report public. Any positions established under the Program will
not be impacted by the expiration of the Program.
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    \14\ The Exchange notes that from the Program's implementation
in 2010 through 2014, the Program ran on a 14-month basis, and, in
2014, the Program was extended to run on a bi-annual pilot basis.
See Securities Exchange Act Release No. 71836 (April 1, 2014), 79 FR
19139 (April 7, 2014) (SR-CBOE-2014-027). The Program continues to
run on a bi-annual basis today.
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    The Exchange believes there is sufficient investor interest and
demand in the Program to warrant its extension. The Exchange believes
that the Program has provided investors with additional means of
managing their risk exposures and carrying out their investment
objectives. Furthermore, the Exchange has not experienced any adverse
market effects with respect to the Program.
    The Exchange believes that the proposed extension of the Program
will not have an adverse impact on capacity.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\15\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \16\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitation
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \17\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ Id.
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    In particular, the Exchange believes that the Program has been
successful to date and states that it has not encountered any problems
with the Program. The proposed rule change allows for an extension of
the Program for the benefit of market participants. Additionally, the
Exchange believes that there is demand for the expirations offered
under the Program and believes that that Weekly Expirations and EOMs
will continue to provide the investing public and other market
participants increased opportunities to better manage their risk
exposure.

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

    Cboe Options 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. Specifically, the Exchange
believes that, by extending the expiration of the Program, the proposed
rule change will allow for further analysis of the Program and a
determination of how the Program shall be structured in the future. In
doing so, the proposed rule change will also serve to promote
regulatory clarity and consistency, thereby reducing burdens on the
marketplace and facilitating investor protection.

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

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

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \21\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
waiver of the 30-day operative delay will allow it to extend the
Program prior to its expiration on November 7, 2022, and maintain the
status quo, thereby reducing market disruption. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest as it will allow the
Pilot Program to continue uninterrupted, thereby avoiding investor
confusion that could result from a temporary interruption in the
Program. Accordingly, the Commission hereby waives the 30-day operative
delay and designates the proposed rule change as operative upon
filing.\22\
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    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to [email protected]. Please include
File Number SR-CBOE-2022-055 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2022-055. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2022-055 and should be submitted on
or before November 30, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12), (59).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-24412 Filed 11-8-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 14, 2005 (Volume 70, Number 239)]
[Notices]
[Page 74062]
[DOCID:fr14de05-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52900; File No. SR-OPRA-2005-04]

Options Price Reporting Authority; Order Approving an Amendment
to the Plan for Reporting of Consolidated Options Last Sale Reports and
Quotation Information (``OPRA Plan'') to Amend Guideline No. 1 of the
Best Bid and Offer Guidelines Adopted Pursuant to the OPRA Plan

December 6, 2005.
    On October 31, 2005, the Options Price Reporting Authority
(``OPRA'') submitted to the Securities and Exchange Commission
(``Commission''), pursuant to section 11A of the Securities Exchange
Act of 1934 (``Act'') \1\ and Rule 608 thereunder,\2\ an amendment to
the Plan for Reporting of Consolidated Options Last Sale Reports and
Quotation Information (``OPRA Plan'').\3\ The proposed amendment would
amend Guideline No. 1 of the Best Bid and Offer Guidelines (``BBO
Guidelines'') previously adopted by OPRA under section II (o) of the
OPRA Plan and make a minor editorial correction to the introductory
paragraph of the BBO Guidelines. Notice of the proposal was published
in the Federal Register on November 7, 2005.\4\ The Commission received
no comment letters on the proposed OPRA Plan amendment. This order
approves the proposal.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31,
1981). The full text of the OPRA Plan is available at http://www.opradata.com
.

    The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The six participants to the OPRA Plan are
the American Stock Exchange LLC, the Boston Stock Exchange, Inc.,
the Chicago Board Options Exchange, Incorporated, the International
Securities Exchange, Inc., the Pacific Exchange, Inc., and the
Philadelphia Stock Exchange, Inc.
    \4\ See Securities Exchange Act Release No. 52714 (November 1,
2005), 70 FR 67501.
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    The purpose of the proposed amendment is to amend Guideline No. 1
of OPRA's BBO Guidelines to reduce from five cents to one cent the
minimum price differential by which a bid or offer must improve a
current quote in order to displace the current quote in the
consolidated BBO. In addition, the proposed amendment will revise the
introductory paragraph of the BBO Guidelines to correctly refer to the
section of the OPRA Plan where the definition of ``BBO'' is set forth.
    Under the current rules of the exchanges that are parties to the
OPRA Plan, the minimum quoting increment for options is five cents (ten
cents for options quoted at $3 or higher), and no exchange currently
quotes options in penny increments. In the absence of this amendment,
if penny quoting were to be introduced on one or more exchange and if
an exchange were to improve the current best quote on another exchange
by less than five cents, the original quote and not the improved quote
would continue to be disseminated over OPRA's BBO service as the
``best'' even though a better quote would in fact be available. This
amendment would assure that, in the event penny quoting is introduced
in the options markets, OPRA's BBO service would disseminate the actual
best-priced bids and offers at any given point in time.
    After careful review, the Commission finds that the proposed OPRA
Plan amendment is consistent with the requirements of the Act and the
rules and regulations thereunder.\5\ The Commission finds that the
proposed OPRA Plan amendment is consistent with section 11A of the Act
\6\ and Rule 608 thereunder \7\ in that it is appropriate in the public
interest, for the protection of investors and the maintenance of fair
and orderly markets, to remove impediments to, and perfect the
mechanism of, a national market system. Specifically, the Commission
finds that it is reasonable and appropriate to amend the BBO Guidelines
at this time to ensure that, should the options exchanges receive
Commission approval to quote options in penny increments, OPRA would be
able to disseminate the actual best-priced bids and offers through its
BBO service.
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    \5\ In approving this proposed OPRA Plan Amendment, the
Commission has considered its impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78k-1.
    \7\ 17 CFR 242.608.
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    It Is therefore ordered, pursuant to section 11A of the Act,\8\ and
Rule 608 thereunder,\9\ that the proposed OPRA Plan amendment (SR-OPRA-
2005-04) be, and it hereby is, approved.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
Jonathan G. Katz,
Secretary.
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    \8\ 15 U.S.C. 78k-1.
    \9\ 17 CFR 242.608.
    \10\ 17 CFR 200.30-3(a)(29).
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 [FR Doc. E5-7304 Filed 12-13-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Notices]
[Pages 47207-47208]
[FR Doc No: 2022-16514]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD22-13-000]

Interregional High Voltage Direct, Current Merchant Transmission;
Notice of Request for Technical Conference

    Take notice that on July 19, 2022, Invenergy Transmission LLC,
pursuant to Rule 207 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR 385.207 (2021),
filed a petition requesting that the Commission hold a technical
conference to explore ways to potentially make available and compensate
certain grid reliability and resilience benefits associated with
interregional high voltage direct current merchant transmission.
    Any person that wishes to comment in this proceeding must file
comments in accordance with Rule 211 of the Commission's Rules of
Practice and Procedure, 18 CFR 385.211 (2021).

Comments will be considered by the Commission in determining the
appropriate action to be taken. Comments must be filed on or before the
comment date.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link. There is an ``eSubscription'' link on the website
that enables subscribers to receive email notification when a document
is added to a subscribed docket(s). For assistance with any FERC Online
service, please email [email protected], or call (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 26, 2022.

    Dated: July 27, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16514 Filed 8-1-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Rules and Regulations]
[Pages 70849-70851]
[FR Doc No: 2013-28408]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0999; Special Conditions No. 25-506-SC]

Special Conditions: Boeing Model 777-200, -300, and -300ER Series
Airplanes; Aircraft Electronic System Security Protection from
Unauthorized Internal Access.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Boeing Model 777-
200, -300, and -300ER series airplanes. These airplanes, as modified by
ARINC Aerospace Company, will have novel or unusual design features
associated with Class 3 Electronic Flight Bags (EFB) and wireless local
area data networks (LAN) associated with the EFB architecture and
existing airplane network systems. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Effective Date: The effective date of these special conditions
is November 27, 2013.

FOR FURTHER INFORMATION CONTACT: Varun Khanna, FAA, Airplane and Flight
Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On August 21, 2012, ARINC Aerospace Company applied for a change to
Type Certificate No. T00001SE Rev. 30 dated June 6, 2012 for
installation of Class 3 EFBs and related LANs in the Boeing Model 777-
200, -300, and -300ER Series Airplanes. The Boeing Model 777-200
airplanes are long-range, wide-body, twin-engine jet airplanes with a
maximum capacity of 440 passengers. The Boeing Model 777-300 and 777-
300ER series airplanes have a maximum capacity of 550 passengers. The
Model 777-200, -300, and -300ER series airplanes have fly-by-wire
controls, software-configurable avionics, and fiber-optic avionics
networks.
    The proposed Class 3 EFB architecture is novel or unusual for
commercial transport airplanes by allowing connection to previously
isolated data networks connected to systems that perform functions
required for the safe operation of the airplane. This proposed data
network and design integration may result in security vulnerabilities
from intentional or unintentional corruption of data and systems
critical to the safety and maintenance of the airplane. The existing
regulations and guidance material did not anticipate this type of
system architecture or electronic access to aircraft systems.
Furthermore, regulations and current system safety assessment policy
and techniques do

not address potential security vulnerabilities, which could be caused
by unauthorized access to aircraft data buses and servers.

Type Certification Basis

    Under Title 14, Code of Federal Regulations (14 CFR) 21.17, ARINC
Aerospace Company must show that the Model 777-200, -300, and -300ER
series airplanes meet the applicable provisions of 14 CFR part 25, as
amended by the following for each model airplane:
    For Model 777-200 airplanes--Title 14 CFR part 25, as amended by
Amendment 25-1 through Amendment 25-82.
    For Model 777-300 airplanes--Title 14 CFR part 25, as amended by
Amendment 25-1 through Amendment 25-86.
    For Model 777-300ER airplanes--Title 14 CFR part 25, as amended by
Amendment 25-1 through Amendment 25-98.
    In addition, the certification basis includes certain special
conditions, exemptions, or later amended sections of the applicable
part that are not relevant to these special conditions.
    Special conditions, as defined in Sec. 11.19, are issued in
accordance with Sec. 11.38 and become part of the type certification
basis in accordance with Sec. 21.101.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 777-200, -300, and -
300ER series airplanes because of a novel or unusual design feature,
special conditions are prescribed under Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, the proposed special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and
proposed special conditions, the Boeing Model 777-200, -300, and -300ER
series airplanes must comply with the fuel vent and exhaust emission
requirements of 14 CFR part 34 and the noise certification requirements
of 14 CFR part 36 and the FAA must issue a finding of regulatory
adequacy under Sec.  611 of Public Law 92-574, the ``Noise Control Act
of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19,
under Sec.  11.38, and they become part of the type-certification basis
under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Boeing Model 777-200, -300, -300ER series airplanes will
incorporate the following novel or unusual design features:
    Multiple Electronic Flight Bags (EFBs) and several connected
networks that will interface to existing aircraft systems. The proposed
network architecture is used for a diverse set of functions, providing
data connectivity between systems, including:
    1. Flight-safety related control and navigation systems,
    2. Operator business and administrative support (operator
information services),
    3. Passenger information systems, and,
    4. Access by systems internal to the airplane.

Discussion

    The integrated network configurations in the Boeing Model 777-200,
-300, and -300ER series airplanes may allow increased connectivity with
external network sources and will have more interconnected networks and
systems, such as passenger entertainment and information services than
previous airplane models. This may allow the exploitation of network
security vulnerabilities and increased risks potentially resulting in
unsafe conditions for the airplanes and occupants. This potential
exploitation of security vulnerabilities may result in intentional or
unintentional destruction, disruption, degradation, or exploitation of
data and systems critical to the safety and maintenance of the
airplane. The existing regulations and guidance material did not
anticipate these types of system architectures. Furthermore, 14 CFR
regulations and current system safety assessment policy and techniques
do not address potential security vulnerabilities which could be
exploited by unauthorized access to airplane networks and servers.
Therefore, these special conditions are being issued to ensure that the
security (i.e., confidentiality, integrity, and availability) of
airplane systems is not compromised by unauthorized wired or wireless
electronic connections between airplane systems and the passenger
entertainment services.
    For the reasons discussed above, these special conditions contain
the additional safety standards that the Administrator considers
necessary to establish a level of safety equivalent to that established
by the existing airworthiness standards.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 777-200, -300, -300ER series airplanes. Should ARINC
Aerospace Company apply at a later date for a change to the type
certificate to include another model on the same type certificate
incorporating the same novel or unusual design feature, the special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on Boeing Model 777-200, -300, -300ER series airplanes. It is not a
rule of general applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, the FAA has determined
that prior public notice and comment are unnecessary, and good cause
exists for adopting these special conditions upon publication in the
Federal Register.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Boeing Model 777-200, -300, -300ER
series airplanes modified by ARINC Aerospace Company.

Aircraft Electronic System Security Protection from Unauthorized
Internal Access

    1. The applicant must ensure that the design provides isolation
from, or airplane electronic system security protection against, access
by unauthorized sources internal to the airplane. The design must
prevent inadvertent and malicious changes to, and all adverse impacts
upon, airplane equipment, systems, networks, or other assets required
for safe flight and operations.
    2. The applicant must establish appropriate procedures to allow the

operator to ensure that continued airworthiness of the aircraft is
maintained, including all post STC modifications that may have an
impact on the approved electronic system security safeguards.

    Issued in Renton, Washington, on November 15, 2013.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-28408 Filed 11-26-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Proposed Rules]
[Pages 5909-5911]
[FR Doc No: 2020-01919]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0058]
RIN 1625-AA00

Safety Zone; Monongahela River Mile 23.8 to Mile 26.0,
Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone from mile 23.8 to mile 26.0 of the Monongahela River. This action
is necessary to provide for the safety of life on these navigable
waters near Elrama Power Plant, Pittsburgh, PA, during an electrical
conducter pull from March 23, 2020 through April 6, 2020. This proposed
rulemaking would prohibit persons and vessels from entering the safety
zone unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh or a designated representative. We invite your comments on
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before March 4, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0058 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Trevor Vannatta, Waterways
Management U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On November 12, 2019, the Duquesne Light Company notified the Coast
Guard that it will be conducting an electrical conducter pull on March
23, 2020, in order to replace existing electrical conductor with new
higher ampacity electrical conductor. The conducter pull will take
place between mile 23.8 and mile 26 on the Elrama Power Plant side of
the Monongahela River. Hazards from the conducter pull include danger
to the navigability of the waterway due to obstruction by equipment.
The Captain of the Port (COTP) Marine Safety Unit Pittsburgh has
determined that potential hazards associated with ongoing work would be
a safety concern for anyone transiting the river during the maintenance
activity.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during, and after the scheduled
activity. The Coast Guard is proposing this rulemaking under authority
in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from March 23,
2020 through April 6, 2020. The safety zone would cover all navigable
waters from mile 23.8 to mile 26.0 on the Monongahela River near
Pittsburgh, PA. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
a scheduled maintenance activity at the Elrama Power Plant. No vessel
or person would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. The zone will impact a 2.2
mile stretch of the Monongahela River and only be enforced during
active maintenance periods, and vessel traffic would be able to safely
transit around the safety zone. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on

the human environment. This proposed rule involves a safety zone from
mile 23.8 to mile 26.0 on the Monongahela River near Pittsburgh, PA
from March 23, 2020 through April 6, 2020. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0058 to read as follows:

Sec.  165.T08-0058   Safety Zone; Monongahela, Mile 23.8 to Mile 26.0,
Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All navigable
waters of the Monongahela River from mile 23.8 to mile 26.
    (b) Effective period. This section is effective from March 23, 2020
through April 6, 2020.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry of persons and vessels into this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP or a designated
representative. The COTP's representative may be contacted at 412-221-
0807.
    (3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative. Designated COTP
representatives include United States Coast Guard commissioned,
warrant, and petty officer.
    (d) Information broadcasts. The Captain COTP or a designated
representative will inform the public through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate.

A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2020-01919 Filed 1-31-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Rules and Regulations]
[Pages 1624-1626]
[FR Doc No: 2012-208]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1155; Directorate Identifier 2011-CE-032-AD;
Amendment 39-16913; AD 2012-01-02]
RIN 2120-AA64

Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for
Schempp-Hirth Flugzeugbau GmbH Model Discus 2cT gliders. This AD
results from mandatory continuing airworthiness information (MCAI)
issued by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as small cracks which have been found on engine
pylons in the area of the lower engine support that have not been
detected during the standard daily inspection. This condition, if not
detected and corrected, could lead to an engine pylon failure resulting
in loss of control of the glider. We are issuing this AD to require
actions to address the unsafe condition on these products.

DATES: This AD is effective February 15, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of February 15,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.
    For service information identified in this AD, contact Schempp-
Hirth Flugzeugbau GmbH, Krebenstrasse 25, D-73230 Kirchheim/Teck,
Germany; phone: +49 7021 7298-0; fax +49 7021 7298-199; Internet:
http://www.schempp-hirth.com; email<EMAIL_ADDRESS>You may
review copies of the referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 21, 2011 (76
FR 65421). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    It has been reported that small cracks on engine pylons, in the
area of the lower engine support, were not detected through the
``standard'' inspection required by the daily inspection
instructions. The cracks were discovered only after having
significantly grown.
    This condition, if not detected and corrected, could lead to an
engine pylon failure and consequent damage to the aeroplane or
injury to people on the ground.
    For the reasons described above, this AD requires to replace the
daily inspections pages of the Aircraft Flight Manual (AFM) that are
describing the engine pylon inspection instructions, to inspect the
affected engine pylon area in accordance with those instructions,
and the replacement with a newly designed engine pylon in case of
findings.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 65421, October 21,
2011) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 3 products of U.S. registry.
We also estimate that it would take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S.
operators to be $255, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 8 work-hours and require parts costing $1,697, for a cost of
$2,377 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

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 the NPRM (76 FR 65421, October 21,
2011), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Office (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

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 AD:

2012-01-02 Schempp-Hirth Flugzeugbau: Amendment 39-16913; Docket No.
FAA-2011-1155; Directorate Identifier 2011-CE-032-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 15,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau Discus 2cT gliders,
serial numbers 1 through 35, certificated in any category, except
those on which a engine pylon, part number (P/N) M03RT841, is
installed.

(d) Subject

    Air Transport Association of America (ATA) Code 54: Nacelles/
Pylons.

(e) Reason

    This AD was prompted by small cracks which have been found on
engine pylons in the area of the lower engine support that have not
been detected during the standard daily inspection. This condition,
if not detected and corrected, could lead to an engine pylon failure
resulting in loss of control of the glider. We are issuing this AD
to require actions to address the unsafe condition on these
products.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within 30 days after the effective date of this AD, replace
the daily inspection pages of the airplane flight manual following
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision 1,
dated July 27, 2011. The actions required by this paragraph may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with 14 CFR 43.9
(a)(1)-(4) and 14 CFR 91.417(a)(2)(v). The record must be maintained
as required by 14 CFR 91.417, 121.380, or 135.439. All other actions
in this AD must be done by a properly certificated aircraft
mechanic.
    (2) Before further flight after doing the action in paragraph
(f)(1) of this AD and repetitively thereafter at intervals not to
exceed every 12 months, inspect the engine pylon for damage or
cracks, following the daily inspection instructions as amended by
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision 1,
dated July 27, 2011.
    (3) If during the daily inspections in the instructions amended
by Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision
1, dated July 27, 2011, in paragraph (f)(1) of this AD or the
inspections required in paragraph (f)(2) of this AD, any damage or
crack is found on the engine pylon, before further flight, replace
the engine pylon with an engine pylon part number M03RT841 following
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-14, dated July
18, 2006.

(g) FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: In addition to the daily pilot inspections of the engine
pylon required by the foreign authority, the FAA also requires an
initial and annual repetitive inspection by a properly certificated
aircraft mechanic.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust,

Room 301, Kansas City, Missouri 64106; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(i) Related Information

    Refer to MCAI EASA AD No.: 2011-0146, dated August 3, 2011;
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-14, dated July
18, 2006; and Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-
20 Revision 1, dated July 27, 2011, for related information.

(j) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the
following service information:
    (i) Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-14,
dated July 18, 2006; and
    (ii) Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20
Revision 1, dated July 27, 2011.
    (2) For service information identified in this AD, contact
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, D-73230 Kirchheim/
Teck, Germany; phone: +49 7021 7298-0; fax +49 7021 7298-199;
Internet: http://www.schempp-hirth.com; email<EMAIL_ADDRESS>    (3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on January 3, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-208 Filed 1-10-12; 8:45 am]
BILLING CODE 4910-13-P