[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Rules and Regulations]
[Pages 43168-43170]
[FR Doc No: 2017-19043]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0533; Product Identifier 2016-NM-156-AD; Amendment
39-19024; AD 2017-18-15]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A300 B4-600R and Model A300 F4-600R series airplanes;
Model A300 B4-603, B4-622, and C4-605R Variant F airplanes; and Model
A310-203, -221, -222, -304, -322, -324, and -325 airplanes. This AD was
prompted by an evaluation by the design approval holder indicating that
a section of the fuselage structure above the forward cargo door is
subject to widespread fatigue damage (WFD). This AD requires an
inspection for cracks of the fastener and tooling holes at certain
locations and a check of the diameter of the holes, and repair or
modification of the affected fuselage structure if necessary. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 19, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 19,
2017.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0533.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0533; 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 (telephone
800-647-5527) is Docket 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 FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Model A300 B4-
600R and Model A300 F4-600R series airplanes; Model A300 B4-603, B4-
622, and C4-605R Variant F airplanes; and Model A310-203, -221, -222, -
304, -322, -324, and -325 airplanes. The NPRM published in the Federal
Register on June 12, 2017 (82 FR 26874) (``the NPRM''). The NPRM was
prompted by an evaluation by the design approval holder indicating that
a section of the fuselage structure above the forward cargo door is
subject to WFD. The NPRM proposed to require an inspection for cracks
of the fastener and tooling holes at certain locations and a check of
the diameter of the holes, and repair or modification of the affected
fuselage structure if necessary. We are issuing this AD to prevent
reduced structural integrity of these airplanes due to the failure of
certain structural components.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2016-0178, dated September 12, 2016 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model A300
B4-600R and Model A300 F4-600R series airplanes; Model A300 B4-603, B4-
622, and C4-605R Variant F airplanes; and Model A310-203, -221, -222, -
304, -322, -324, and -325 airplanes. The MCAI states:

    In the frame of the Widespread Fatigue Damage (WFD) analysis,
some structural

areas were identified as requiring embodiment of a structural
modification.
    This condition, if not corrected, could reduce the fuselage
structural integrity.
    To address this unsafe condition, Airbus issued Service Bulletin
(SB) A310-53-2145 and SB A300-53-6187 to provide instructions for
structural reinforcement of the fuselage frames (FR) between FR20
Right Hand side (RH) and FR25 RH and the frame couplings between
stringer (STGR) 20 RH and STGR23 RH, hereafter collectively referred
to as `the affected fuselage structure' in this [EASA] AD.
    For the reason described above, this [EASA] AD requires
accomplishment of a one-time special detailed inspection (SDI) of
the fastener and tooling holes, and modification of the affected
fuselage structure.

    The required actions include a rototest inspection for cracks of
the fastener and tooling holes at certain locations and a check of the
diameter of the holes, and repair or modification of the affected
fuselage structure if necessary. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2017-0533.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received. The commenter supported
the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
     Airbus Service Bulletin A300-53-6187, Revision 00, dated
May 31, 2016. This service information describes procedures for a
rototest inspection for cracks of the fastener and tooling holes at
certain locations, a check of the diameter of the holes, repair, and
modification of the affected fuselage structure by reinforcing the
frames between right hand (RH) frame (FR) 20 RH and FR25 RH, or FR21 RH
and FR25 RH, depending on the configuration; and reinforcing the frame
couplings between stringer (STGR) 20 RH and STGR23 RH.
     Airbus Service Bulletin A310-53-2145, Revision 00, dated
May 31, 2016. This service information describes procedures for a
rototest inspection for cracks of the fastener and tooling holes at
certain locations, a check of the diameter of the holes, repair, and
modification of the affected fuselage structure by reinforcing the
frames between right hand FR20 RH and FR25 RH; and reinforcing the
frame couplings between STGR20 RH and STGR23 RH.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 132 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
----------------------------------------------------------------------------------------------------------------
Inspection, check, repair, and          45 work-hours x $85 per           $2,360          $6,185        $816,420
 modification.                           hour = $3,825.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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):

2017-18-15 Airbus: Amendment 39-18024; Docket No. FAA-2017-0533;
Product Identifier 2016-NM-156-AD.

(a) Effective Date

    This AD is effective October 19, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus airplanes identified in paragraphs
(c)(1) through (c)(5) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Model A300 B4-603 and A300 B4-622 airplanes.
    (2) Model A300 B4-605R and A300 B4-622R airplanes.
    (3) Model A300 F4-605R and A300 F4-622R airplanes.
    (4) Model A300 C4-605R Variant F airplanes.
    (5) Model A310-203, -221, -222, -304, -322, -324, and -325
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by an evaluation by the design approval
holder indicating that a section of the fuselage structure above the
forward cargo door is subject to widespread fatigue damage. We are
issuing this AD to prevent reduced structural integrity of these
airplanes due to the failure of certain structural components.

(f) Compliance

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

(g) Check and Rototest Inspection of Affected Fastener and Tooling
Holes

    Before exceeding 42,500 flight cycles since the first flight of
the airplane, do a check of the diameter of the fastener holes and
tooling holes and a rototest inspection for cracks of all holes of
removed fasteners and the tooling holes at the locations specified
in, and in accordance with, the Accomplishment Instructions of
Airbus Service Bulletin A300-53-6187, Revision 00, dated May 31,
2016; or Airbus Service Bulletin A310-53-2145, Revision 00, dated
May 31, 2016; as applicable.

(h) Repair

    If any condition specified in paragraph (h)(1) or (h)(2) of this
AD is found, prior to further flight, repair in accordance with a
method approved by the Manager, International Section, Transport
Standards Branch, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA).
Concurrently with the repair, unless the approved repair
instructions specify otherwise, modify the affected structure, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A300-53-6187, Revision 00, dated May 31, 2016; or Airbus
Service Bulletin A310-53-2145, Revision 00, dated May 31, 2016; as
applicable.
    (1) Any crack is found during the rototest inspection required
by paragraph (g) of this AD.
    (2) Any hole diameter greater than or equal to the maximum
starting hole diameter specified in the Accomplishment Instructions
of Airbus Service Bulletin A300-53-6187, Revision 00, dated May 31,
2016; or Airbus Service Bulletin A310-53-2145, Revision 00, dated
May 31, 2016; as applicable, is found during the check required by
paragraph (g) of this AD.

(i) Modification

    If, during the actions required by paragraph (g) of this AD, no
crack is found and the hole diameter is less than the maximum
starting hole diameter specified in the Accomplishment Instructions
of Airbus Service Bulletin A300-53-6187, Revision 00, dated May 31,
2016; or Airbus Service Bulletin A310-53-2145, Revision 00, dated
May 31, 2016; as applicable: Before further flight, modify the
affected fuselage structure, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-53-6187, Revision 00,
dated May 31, 2016; or Airbus Service Bulletin A310-53-2145,
Revision 00, dated May 31, 2016; as applicable.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0178, dated September 12, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2017-0533.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone
425-227-2125; fax<PHONE_NUMBER>.

(l) 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 this AD specifies otherwise.
    (i) Airbus Service Bulletin A300-53-6187, Revision 00, dated May
31, 2016.
    (ii) Airbus Service Bulletin A310-53-2145, Revision 00, dated
May 31, 2016.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 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 August 29, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-19043 Filed 9-13-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Notices]
[Page 36729-36730]
[DOCID:fr28jn10-131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62355; File No. SR-NYSE-2010-46]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Adopting New Rule 0 To Provide That Certain References in Exchange
Rules Should Be Understood to Also Include FINRA, as Applicable.

June 22, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on June 14, 2010, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to adopt new Rule 0 to provide that certain
references in Exchange rules should be understood to also include
FINRA, as applicable. The text of the proposed rule change is available
at the Exchange, the Commission's Web site at http://www.sec.gov, the
Commission's Public Reference Room, and http://www.nyse.com.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to add a new Rule 0 in
connection with the FINRA Consolidation, to provide that certain
references in Exchange rules should be understood to also include
FINRA, as applicable. Specifically, proposed Rule 0 sets forth that the
Exchange and FINRA are parties to a Regulatory Services Agreement
(``RSA'') pursuant to which FINRA has agreed to perform certain of the
Exchange's member regulatory functions on behalf of the Exchange \4\
and that Exchange rules that refer to NYSE Regulation, Inc., NYSE
Regulation staff or departments, Exchange staff, and Exchange
departments should be understood as also referring to FINRA staff and
FINRA departments acting on behalf of the Exchange pursuant to the RSA,
as applicable. The proposed new rule further provides that
notwithstanding that the Exchange has entered into an RSA with FINRA to
perform certain of the Exchange's member regulatory functions, the
Exchange shall retain ultimate legal responsibility for, and control
of, such functions.
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    \4\ The Exchange and FINRA are also party to an allocation plan
pursuant to Section 17(d)(1) of the Securities Exchange Act of 1934
and Rule 17d-2 thereunder.
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    Background
    NYSE Group, NYSE Regulation, Inc. (``NYSE Regulation''), NYSE, NYSE
Arca, Inc. (``NYSE Arca''), and NYSE Amex LLC (``NYSE Amex'')
(collectively, the ``NYSE Group Exchanges'') anticipate entering into
an RSA and an allocation plan pursuant to Section 17(d)(1) of the
Securities Exchange Act of 1934 and Rule 17d-2 thereunder that
together, when effective, will result in consolidating with FINRA
essentially all member regulatory functions that are currently
performed by NYSE Regulation on behalf of the Exchange and the other
NYSE Group Exchanges.\5\ The evolution and increasing fragmentation of
the securities markets has heightened the need for effective cross-
market, cross-product oversight, and the Exchange believes that as a
centralized regulatory utility, FINRA is well positioned to perform
such consolidated regulatory services. Among other things, FINRA will
conduct examinations and surveillance of member and member firm conduct
under Exchange rules, investigate and enforce violations of Exchange
rules, and conduct disciplinary proceedings arising out of such
enforcement actions. NYSE Regulation currently performs the Exchange's
regulatory functions pursuant to delegated authority.\6\
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    \5\ NYSE Regulation will continue to have ultimate authority (as
between itself and FINRA) regarding the proper interpretation of the
rules of the NYSE Group Exchanges. NYSE Regulation will also
continue to be responsible for listing regulation at the NYSE
Exchanges.
    \6\ NYSE Regulation currently performs the regulatory functions
of NYSE Arca and NYSE Amex pursuant to RSAs.
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    Proposed Rule
    In connection with the FINRA Consolidation, the Exchange proposes
to add new Rule 0. As proposed, Rule 0 sets forth that (i) the Exchange
and FINRA are parties to an RSA pursuant to which FINRA has agreed to
perform certain of the Exchange's member regulatory functions on behalf
of the Exchange; and (ii) Exchange rules that refer to NYSE Regulation,
Inc., NYSE Regulation staff or departments, Exchange staff, and
Exchange departments should be understood as also referring to FINRA
staff and FINRA departments acting on behalf of the Exchange pursuant
to the RSA, as applicable. Additionally, proposed Rule 0 would set
forth that notwithstanding that the Exchange has entered into an RSA
with FINRA to perform certain of the Exchange's member regulatory
functions, the Exchange shall retain ultimate legal responsibility for,
and control of, such functions.
    As noted above, the Exchange will be consolidating essentially all
member regulatory functions with FINRA, in order to enhance cross-
market, cross-product regulatory oversight and address the increasing
market fragmentation. In connection therewith, FINRA is hiring
substantially all the management and staff from NYSE Regulation who do
market surveillance and enforcement for the NYSE Group Exchanges, so
that the expertise related to those functions will reside with FINRA.
Thus, the Exchange will necessarily rely on FINRA to determine the
manner by which the regulatory services will be provided and the
appropriate regulatory action to be taken to address particular
matters. While the Exchange will have oversight rights with respect to
FINRA's performance under the RSA, it will not exercise day to day
control of such functions.
    The proposed rule text is substantially identical to Nasdaq Rule
0130.
2. Statutory Basis
    The Exchange believes that the proposed rule changes [sic] are
consistent with Section 6(b) of the Act,\7\

in general, and further the objectives of Section 6(b)(5) of the
Act,\8\ in particular, in that they [sic] are designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The Exchange
believes that the proposed rule changes [sic] support the objectives of
the Act by providing greater transparency to members and member
organizations that FINRA will be providing regulatory services on
behalf of the Exchange and that therefore the entity contacting members
and member organization in connection with such regulation may be
FINRA, even if an Exchange rule specifies that NYSE Regulation or the
Exchange will be performing such function.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) \10\ thereunder.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give 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 Exchange has satisfied this requirement.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest,
because such waiver will enable the Exchange to implement new Rule 0
commensurate with its entering into the RSA. In addition, as noted by
the Exchange, the proposal is consistent with the rules of other self-
regulatory organizations previously approved by the Commission.\11\ For
these reasons, the Commission designates the proposed rule change as
operative upon filing.\12\
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    \11\ See Nasdaq Rule 0130 and BATS Rule 8.1(d).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has 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 may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2010-46 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-NYSE-2010-46. This file
number should be included on the subject line if e-mail 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, 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-NYSE-2010-46 and should be submitted on or before July
19, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-15650 Filed 6-25-10; 8:45 am]
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[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Rules and Regulations]
[Page 54299]
[FR Doc No: 2017-24891]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0208; FRL-9970-99-Region 7]

State of Iowa; Elements of the Infrastructure SIP Requirements
for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard
(NAAQS) Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to an adverse comment, the Environmental Protection Agency
(EPA) is withdrawing the direct final rule for Approval of
Implementation Plans; State of Iowa; Elements of the Infrastructure SIP
Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality
Standard (NAAQS) published in the Federal Register on September 20,
2017. Infrastructure SIPs address the applicable requirements of Clean
Air Act (CAA) section 110, which requires that each state adopt and
submit a SIP for the implementation, maintenance, and enforcement of
each new or revised NAAQS promulgated by the EPA. These SIPs are
commonly referred to as ``infrastructure'' SIPs. The infrastructure
requirements are designed to ensure that the structural components of
each state's air quality management program are adequate to meet the
state's responsibilities under the CAA.

DATES: The direct final rule published at 82 FR 43846, September 20,
2017, is withdrawn effective November 17, 2017.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Due to an adverse comment, EPA is
withdrawing the direct final rule to approve revisions to the Iowa
State Implementation Plan (SIP). In the direct final rule published on
September 20, 2017, (82 FR 43846), we stated that if we received
adverse comment by October 20, 2017, the rule would be withdrawn and
not take effect. EPA received an adverse comment. EPA will address the
comment in a subsequent final action based upon the proposed action
also published on September 20, 2017. EPA will not institute a second
comment period on this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements.

    Dated: November 7, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
Accordingly, the amendment to 40 CFR 52.820(e) published in the Federal
Register on September 20, 2017, (82 FR 43846) is withdrawn effective
November 17, 2017.

[FR Doc. 2017-24891 Filed 11-16-17; 8:45 am]
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[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Page 49272]
[FR Doc No: 2013-19522]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0001]

Pediatric Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Pediatric Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on September 19, 2013, from
10 a.m. to 5:30 p.m. and September 20, 2013, from 8 a.m. to 1 p.m.
    Location: Doubletree Hilton Hotel, 8727 Colesville Rd., Silver
Spring, MD 20910,<PHONE_NUMBER> or visit the hotel's Web site at http://doubletree3.hilton.com/en/hotels/maryland/doubletree-by-hilton-hotel-washington-dc-silver-spring-DCASSDT/index.html.
    Contact Person: Walter Ellenberg, Office of the Commissioner, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, rm. 5154,
Silver Spring, MD 20993,<PHONE_NUMBER>, email
<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: On September 19, 2013, and September 20, 2013, the
Pediatric Advisory Committee (PAC) will meet to discuss pediatric-
focused safety reviews, as mandated by the Best Pharmaceuticals for
Children Act (Pub. L. 107-109) and the for Pediatric Research Equity
Act (Pub. L. 108-155).
    On September 19, 2013, the PAC will meet to discuss Cervarix (human
papillomavirus Bivalent (Types 16 and 18) vaccine); Gammagard Liquid
(Immune Globulin Infusion (human)); Hemacord (hematopoietic progenitor
cells, cord blood); Copegus and Pegasys (rivabirin and peginterferon
alfa-2a); Chantix (varenicline tartrate); Isentress (raltegravir
potassium); Intuniv (guanfacine), Topamax (topiramate); Faslodex
(fulvestrant); Ixempra Kit (ixabepilone); and Plavix (clopidogrel
bisulfate). An update on the drug program for KidNet will be provided.
On September 20, 2013, the PAC will meet to discuss the Berlin Heart
EXCOR Pediatric Ventricular Assist Device; Melody Transcatheter
Pulmonary Heart Valve (TPV); and Elana Surgical Kit (HUD). On September
20, 2013, the committee will also receive and discuss a report on the
September 9 and 10, 2013, meeting of the Pediatric Ethics Subcommittee
of the PAC concerning their discussion of the ethical issues involved
in the development of pediatric medical countermeasures.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
August 30, 2013. Oral presentations from the public will be scheduled
on September 19, 2013, between approximately 11:30 a.m. and 12 noon,
and on September 20, 2013, between 10:30 a.m. and 11 a.m. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
August 22, 2013. Time allotted for each presentation may be limited. If
the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by August 26, 2013.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Walter Ellenberg at
301-796-0885, email<EMAIL_ADDRESS>at least 7 days in
advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: August 6, 2013.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2013-19522 Filed 8-12-13; 8:45 am]
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