[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Rules and Regulations]
[Page 78951-78956]
[DOCID:fr24de08-12]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0903; Directorate Identifier 2008-NM-123-AD;
Amendment 39-15770; AD 2008-26-04]
RIN 2120-AA64

Airworthiness Directives; Cessna Model 560 Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Cessna Model 560 airplanes. That AD
currently requires installing new minimum airspeed placards to notify
the flightcrew of the proper airspeeds for operating in both normal and
icing conditions. That AD also requires revising the airplane flight
manual to provide limitations and procedures for operating in icing
conditions, for operating with anti-ice systems selected ``on''
independent of icing conditions, and for recognizing and recovering
from inadvertent stall. That AD also provides an optional terminating
action for the placard installation. This new AD requires the
previously optional terminating action. This AD results from an
evaluation of in-service airplanes following an accident. The
evaluation indicated that some airplanes might have an improperly
adjusted stall warning system. We are issuing this AD to prevent an
inadvertent stall due to the inadequate stall warning margin provided
by an improperly adjusted stall warning system, which could result in
loss of controllability of the airplane.

DATES: This AD becomes effective January 28, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 28,
2009.
    On November 30, 2007 (72 FR 64135, November 15, 2007), the Director
of the Federal Register approved the incorporation by reference of
certain other publications.

ADDRESSES: For service information identified in this AD, contact
Cessna Aircraft Co., P.O. Box 7706, Wichita, Kansas 67277-7706;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://
www.cessnasupport.com/newlogin.html.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the 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 FURTHER INFORMATION CONTACT: Bob Busto, Aerospace Engineer, Systems
and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft Certification
Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita,
Kansas 67209; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2007-23-13, amendment
39-15259 (72 FR 64135, November 15, 2007). The existing AD (AD 2007-23-
13) applies to certain Cessna Model 560 airplanes. That NPRM was
published in the Federal Register on August 21, 2008 (73 FR 49359).
That NPRM proposed to continue to require installing new minimum
airspeed placards to notify the flightcrew of the proper airspeeds for
operating in both normal and icing conditions. That NPRM also proposed
to continue to require revising the airplane flight manual to provide
limitations and procedures for operating in icing conditions, for
operating with anti-ice systems selected ``on'' independent of icing
conditions, and for recognizing and recovering from inadvertent stall.
That NPRM also proposed to require an optional terminating action for
the placard installation and after accomplishing the terminating
action, removing an AFM warning.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comment that has been
received on the NPRM.

Additional Concern Regarding Safety of Flight in Icing Conditions

    The National Safety Review Board (NTSB) states that based on its
review of the NPRM, it is pleased that the FAA has performed a fleet
survey and has identified a potential source of inaccuracy in the
angle-of-attack (AOA) system. Further, the NTSB states it is pleased
that the FAA has proposed requirements for correcting the calibration
of the AOA system and providing data regarding the calibration
adjustment to the manufacturer. The NTSB concludes that these actions
would ensure that the stall warning system provides an accurate stall
warning based on original and secondary/icing certification flight
testing.
    However, the NTSB notes that the actions described in this NPRM and
in AD 2007-23-13 do not address certain safety recommendations. The
NTSB states it is concerned that a reduction in stall warning margin
produced by thin,

rough ice accretions generated by supercooled large droplet icing
conditions or icing conditions near the edge of the icing envelope can
eliminate or seriously alter stall margin and the alert provided to the
flightcrew, even for a properly calibrated AOA system.
    The NTSB states that utilization of the super-cooled large droplet
icing envelope being developed in response to NTSB Safety
Recommendation A-96-54 to evaluate the stall warning margin of the
Cessna Model 560 airplanes with thin, rough ice accretions on or aft of
the protected surfaces, as recommended by NTSB Safety Recommendation A-
07-17, would provide the best level of safety in all icing condition,
and in icing conditions similar to those encountered by the Cessna
Model 560 airplane involved in an accident at Pueblo, Colorado.
    We acknowledge the NTSB's concerns. The unsafe condition identified
in this action is an inadvertent stall due to the inadequate stall
warning margin provided by an improperly adjusted stall warning system.
This AD addresses that potential unsafe condition.
    As noted in the NTSB comment, Safety Recommendation A-07-17
addresses the NTSB's concern with the effect of thin, rough ice
accretions on the Cessna Model 560 stall warning system. We have
provided to the NTSB the FAA actions responsive to the recommendation.
With respect to the application of a large super-cooled large droplet
icing envelope to existing airplanes, we have identified, in response
to the NTSB Safety Recommendation A-07-16, actions that we have taken
and plan to take to ensure the safe operation of existing airplanes
equipped with pneumatic deicing boots, such as Cessna Model 560
airplanes. Updates to the NTSB are provided through established
procedures.

Conclusion

    We have carefully reviewed the available data, including the
comment that has been submitted, and determined that air safety and the
public interest require adopting the AD as proposed.

Costs of Compliance

    There are about 538 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD. There are about 400 U.S.
registered airplanes.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                             Average
                           Action                              Work hours   labor rate    Cost per    Fleet cost
                                                                             per hour     airplane
----------------------------------------------------------------------------------------------------------------
AFM Revision (required by AD 2007-23-13)....................            1          $80          $80      $32,000
Placard Installation (required by AD 2007-23-13)............            1           80           80       32,000
Functional Test (new action)................................            8           80          640      256,000
----------------------------------------------------------------------------------------------------------------

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 have 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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-15259 (72 FR 64135, November 15, 2007) and by
adding the following new airworthiness directive (AD):

2008-26-04 Cessna Aircraft Company: Amendment 39-15770. Docket No.
FAA-2008-0903; Directorate Identifier 2008-NM-123-AD.

Effective Date

    (a) This AD becomes effective January 28, 2009.

Affected ADs

    (b) This AD supersedes AD 2007-23-13.

Applicability

    (c) This AD applies to Cessna Model 560 airplanes, certificated
in any category, serial numbers (S/Ns) 560-0001 through -0538
inclusive.

Unsafe Condition

    (d) This AD results from an evaluation of in-service airplanes
following an accident. The evaluation indicated that some airplanes
may have an improperly adjusted stall warning system. We are issuing
this AD to prevent an inadvertent stall due to the inadequate stall
warning margin provided by an improperly adjusted stall warning
system, which could result in loss of controllability of the
airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2007-23-13

Airplane Flight Manual (AFM) Revision

    (f) Within 14 days after November 30, 2007 (the effective date
of AD 2007-23-13), revise the Operating Limitations, Normal
Procedures, Emergency Procedures, and the Approach and Landing
sections of the AFM to include the information in the temporary
changes (TCs) identified in Table 1 of this AD, as applicable,
except as required by paragraph (k) of this AD. These TCs provide
limitations and procedures for operating in icing conditions, for
operating with anti-ice systems selected ``on'' independent of icing
conditions, and for recognizing and recovering from inadvertent
stall. Operate the airplane according to the limitations and
procedures in the applicable TCs.

    Note 1: This may be done by inserting a copy of the applicable
TCs into the applicable AFM. When these TCs have been included in
the general revisions of the AFM, the general revisions may be
inserted into the AFM (in lieu of the applicable TCs), provided the
relevant information in the general revision is identical to that in
the applicable TCs.

                      Table 1--Cessna Model 560 TCs
------------------------------------------------------------------------
          Airplanes                          Applicable TC
------------------------------------------------------------------------
Model 560 airplanes, S/Ns 560- Cessna 560FM TC-R13-08, dated August 31,
 0001 through -0259 inclusive.  2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-09, dated August 31,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-10, dated August 31,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-12, dated August 31,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-13, dated August 31,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-14, dated October 2,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-15, dated October 2,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-16, dated October 2,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-17, dated October 2,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-18, dated October 2,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-19, dated October 2,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
                               Cessna 560FM TC-R13-20, dated October 2,
                                2007, to the Cessna Model 560 Citation V
                                AFM.
Model 560 airplanes, S/Ns 560- Cessna 56FMA TC-R11-16, dated August 31,
 0260 through -0538 inclusive.  2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-17, dated August 31,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-19, dated August 31,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-20, dated August 31,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-21, dated August 31,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-23, dated October 2,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-24, dated October 2,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-25, dated October 2,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-26, dated October 2,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-27, dated October 2,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-28, dated October 2,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-29, dated October 2,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
                               Cessna 56FMA TC-R11-30, dated October 2,
                                2007, to the Cessna Model 560 Citation
                                Ultra AFM.
------------------------------------------------------------------------

Placard Installation

    (g) Within 30 days after November 30, 2007, install new minimum
airspeed placards to notify the flightcrew of the proper airspeeds
for operating in normal and icing conditions, in accordance with the
Accomplishment Instructions of Cessna Service Bulletin SB560-34-143,
dated September 7, 2007, including Attachment and Service Bulletin
Supplemental Data; or Cessna Service Bulletin SB560-34-143, Revision
1, dated November 21, 2007. As of the effective date of this AD,
only Revision 1 may be used. The placards must be installed above or
near the pilot and copilot altitude indicators or primary flight
displays and must be in clear view of the pilot and copilot. The
placards may be removed when

the actions specified in paragraphs (i) and (j) of this AD have been
accomplished.

No Maintenance Transaction Report Required for Cessna Service Bulletin

    (h) Although Cessna Service Bulletin SB560-34-143, dated
September 7, 2007, including Attachment and Service Bulletin
Supplemental Data; and Cessna Service Bulletin SB560-34-143,
Revision 1, dated November 21, 2007; referred to in paragraph (g) of
this AD, specify to submit a maintenance transaction report to the
manufacturer, this AD does not include that requirement.

New Requirements of This AD

Terminating Action

    (i) Within 6 months after the effective date of this AD, do a
functional test of the angle-of-attack (AOA) system, and adjust the
calibration settings of the AOA system as applicable, in accordance
with Cessna Alert Service Letter ASL560-34-34 (for airplanes
equipped with a single AOA system) or ASL560-34-35 (for airplanes
equipped with a dual AOA system), both Revision 1, both dated
October 2, 2007, both including Attachments, as applicable; or
Cessna Alert Service Letter ASL560-34-34 or ASL560-34-35, both
Revision 3, both dated March 6, 2008, both including Attachments, as
applicable. As of the effective date of this AD, only Revision 3 may
be used. Doing the functional test of the AOA system, adjusting the
calibration settings of the AOA system as applicable, and submitting
the AOA system test data as specified in paragraph (j) of this AD,
terminates the placard installation required by paragraph (g) of
this AD.

    Note 2: Maintenance Manual Revision 24 of Cessna 560 Maintenance
Manual 56MM has been changed to reflect the intent of the ASLs for
the maintenance actions and periodic inspections of the AOA/Stall
Warning System.

Reporting AOA System Test Data

    (j) Submit the AOA system test data report for the functional
test specified in paragraph (i) of this AD to Glenn Todd, Citation
Customer Support Engineer, Department 572, P.O. Box 7706, Wichita,
KS 67277-7706, e-mail<EMAIL_ADDRESS>fax: 1-316-517-
8500 or 1-316-206-2337. Submit the report at the applicable time
specified in paragraph (j)(1) or (j)(2) of this AD. The report must
include the AOA test data, the airplane serial number and
registration number, and the number of landings and flight hours on
the airplane. Under the provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB)
has approved the information collection requirements contained in
this AD and has assigned OMB Control Number 2120-0056.
    (1) If the functional test was done after November 30, 2007:
Submit the report within 30 days after doing the functional test.
    (2) If the inspection was accomplished prior to November 30,
2007: Submit the report within 30 days after November 30, 2007.

Removal of Warning From the Limitations Section of the AFM

    (k) For airplanes on which the actions required by paragraph (i)
of this AD have been done: Within 30 days after doing the actions
required by paragraph (i) of this AD or within 30 days after the
effective date of this AD, whichever occurs later, revise the
Limitations Section of the AFM by removing the following Warning
statement:

``Warning: Stick Shaker May Not Activate Prior to Buffet/Roll-Off If
Airspeed Is Reduced Below the Appropriate Minimum Speed.''

No Maintenance Transaction Report Required for Cessna Service Letters

    (l) Cessna Alert Service Letters ASL560-34-34 and ASL560-34-35,
both Revision 1, both dated October 2, 2007, both including
Attachments; and Cessna Alert Service Letters ASL560-34-34 and
ASL560-34-35, both Revision 3, both dated March 6, 2008, both
including Attachments; specify to submit a maintenance transaction
report to the manufacturer. This AD does not include that
requirement.

Actions Accomplished According to Previous Issue of Service Letters

    (m) Actions accomplished before the effective date of this AD in
accordance with Cessna Alert Service Letter ASL560-34-34 or ASL560-
34-35, both Revision 2, both dated January 11, 2008, both including
Attachments, are considered acceptable for compliance with the
corresponding action specified in paragraph (i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (n)(1) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, ATTN: Bob Busto, Aerospace Engineer, Systems and Propulsion
Branch, ACE-116W, FAA, Wichita ACO, 1801 Airport Road, Room 100,
Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 946-
4157; fax<PHONE_NUMBER>; has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
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.

Material Incorporated by Reference

    (o) You must use the applicable service information listed in
Table 2 of this AD to perform the actions that are required by this
AD, unless the AD specifies otherwise.

                                   Table 2--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
          Service information                      Revision level                            Date
----------------------------------------------------------------------------------------------------------------
Cessna Alert Service Letter ASL560-34-  1..................................  October 2, 2007.
 34, including Attachments.
Cessna Alert Service Letter ASL560-34-  3..................................  March 6, 2008.
 34, including Attachments.
Cessna Alert Service Letter ASL560-34-  1..................................  October 2, 2007.
 35, including Attachments.
Cessna Alert Service Letter ASL560-34-  3..................................  March 6, 2008.
 35, including Attachments.
Cessna Service Bulletin SB560-34-143,   Original...........................  September 7, 2007.
 including Attachment and Service
 Bulletin Supplemental Data.
Cessna Service Bulletin SB560-34-143..  1..................................  November 21, 2007.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  August 31, 2007.
 16 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  August 31, 2007.
 17 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  August 31, 2007.
 19 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  August 31, 2007.
 20 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  August 31, 2007.
 21 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 23 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 24 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 25 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.

Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 26 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 27 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 28 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 29 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 30 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  August 31, 2007.
 08 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  August 31, 2007.
 09 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  August 31, 2007.
 10 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  August 31, 2007.
 12 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  August 31, 2007.
 13 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 14 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 15 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 16 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 17 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 18 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 19 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 20 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in
Table 3 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part
51.

                                 Table 3--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
          Service information                      Revision level                            Date
----------------------------------------------------------------------------------------------------------------
Cessna Alert Service Letter ASL560-34-  3..................................  March 6, 2008.
 34, including Attachments.
Cessna Alert Service Letter ASL560-34-  3..................................  March 6, 2008.
 35, including Attachments.
Cessna Service Bulletin SB560-34-143..  1..................................  November 21, 2007.
----------------------------------------------------------------------------------------------------------------

    (2) On November 30, 2007 (72 FR 64135, November 15, 2007), the
Director of the Federal Register approved the incorporation by
reference of the service information listed in Table 4 of this AD.

                             Table 4--Material Previously Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
          Service information                      Revision level                            Date
----------------------------------------------------------------------------------------------------------------
Cessna Alert Service Letter ASL560-34-  1..................................  October 2, 2007.
 34, including Attachments.
Cessna Alert Service Letter ASL560-34-  1..................................  October 2, 2007.
 35, including Attachments.
Cessna Service Bulletin SB560-34-143,   Original...........................  September 7, 2007.
 including Attachment and Service
 Bulletin Supplemental Data.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  August 31, 2007.
 16 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  August 31, 2007.
 17 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  August 31, 2007.
 19 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  August 31, 2007.
 20 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.

Cessna Temporary Change 56FMA TC-R11-   Original...........................  August 31, 2007.
 21 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 23 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 24 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 25 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 26 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 27 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 28 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 29 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11-   Original...........................  October 2, 2007.
 30 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  August 31, 2007.
 08 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  August 31, 2007.
 09 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  August 31, 2007.
 10 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  August 31, 2007.
 12 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  August 31, 2007.
 13 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 14 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 15 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 16 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 17 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 18 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 19 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13-   Original...........................  October 2, 2007.
 20 to the Cessna Model 560 Citation V
 Airplane Flight Manual.
----------------------------------------------------------------------------------------------------------------

    (3) Contact Cessna Aircraft Co., P.O. Box 7706, Wichita, Kansas
67277; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://
www.cessnasupport.com/newlogin.html; for a copy of this service
information.
    (4) You may review copies of the service information that are
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (5) You may also review copies of the service information 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/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 11, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-30125 Filed 12-23-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Page 22880]
[FR Doc No: 2022-08238]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings in Existing Proceedings

    Docket Numbers: RP22-786-001.
    Applicants: Dominion Energy Questar Pipeline, LLC.
    Description: Tariff Amendment: Change of Company Name--Amended
Filing to be effective 4/1/2022.
    Filed Date: 4/12/22.
    Accession Number: 20220412-5045.
    Comment Date: 5 p.m. ET 4/25/22.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.

Filings Instituting Proceedings

    Docket Number: PR22-34-000.
    Applicants: Northwest Natural Gas Company.
    Description: Submits tariff filing per 284.123(b),(e)/: Filing of
Revised Statement of Operating Conditions to be effective 4/1/2022.
    Filed Date: 4/11/2022.
    Accession Number: 20220411[not]5150.
    Comments/Protests Due: 5 p.m. ET 5/2/22.

    Docket Numbers: RP22-817-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Sec.  4(d) Rate Filing: Amendment to a Negotiated Rate
Agreement Filing-Eco-Energy Natural Gas to be effective 4/12/2022.
    Filed Date: 4/12/22.
    Accession Number: 20220412-5000.
    Comment Date: 5 p.m. ET 4/25/22.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 12, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-08238 Filed 4-15-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 31, 2007 (Volume 72, Number 169)]
[Notice]
[Page 50351]
[DOCID:fr31au07-79]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-1279-000]

Rochester Gas and Electric Corporation; Notice of Filing

August 22, 2007.
    Take notice that on August 13, 2007, Rochester Gas and Electric
Corporation filed Notice of Termination of its Rate Schedule No. 33,
with AES Somerset, to be effective August 31, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 pm Eastern Time on September 4, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-17242 Filed 8-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Notices]
[Page 71425]
[FR Doc No: 2010-29437]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-2088-000]

Border Energy Electric Services, Inc.; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

November 16, 2010.
    This is a supplemental notice in the above-referenced proceeding,
of Border Energy Electric Services, Inc.'s application for market-based
rate authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is December 6, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-29437 Filed 11-22-10; 8:45 am]
BILLING CODE 6717-01-P


To: Jim Eddinger/RTP/USEPA/US@EPA
From: "Higgins, Cortney"<EMAIL_ADDRESS>Date: 06/08/2012 05:02PM
Cc: RobertJ Wayland/RTP/USEPA/US@EPA, Thomas Gillis/DC/USEPA/US@EPA
Subject: EO 13563 Interagency Comments on Area Source Boilers Rule

(See attached file: AreaSourceBoilers_InteragencyCommentsunderEO13563_2012_06_07.doc)

Hi Jim,
Attached are interagency comments under EO 3563 on the area source boilers rule. I will send a redline of the preamble on Monday.
Please let me know if you have any questions.
Thanks,
Cortney

AreaSourceBoilers_InteragencyCommentsunderEO13563_2012_06_07.doc


[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6561-6564]
[FR Doc No: 2017-00839]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0394]

Regulation of Intentionally Altered Genomic DNA in Animals; Draft
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry (GFI) #187 entitled
``Regulation of Intentionally Altered Genomic DNA in Animals.'' This
draft guidance revises GFI #187 entitled ``Regulation of Genetically
Engineered Animals Containing Heritable Recombinant DNA Constructs''
(current GFI #187). Current GFI #187 clarifies FDA's requirements

and recommendations for producers and developers of genetically
engineered (GE) animals and their products. It describes how the new
animal drug provisions of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) apply with respect to GE animals. This draft revision of
current GFI #187 expands the scope of the guidance to include animals
intentionally altered through use of genome editing techniques. The
draft revised GFI #187 now applies to ``those animals whose genomes
have been intentionally altered using modern molecular technologies.''
The Agency is seeking comment on the draft revised GFI #187, including
the nomenclature that best describes these animals and on any existing
empirical evidence indicating that certain types of genome editing may
pose minimal risk.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by April 19, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2008-D-0394 for ``Regulation of Intentionally Altered Genomic DNA
in Animals.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at http://www.regulations.gov or at the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the guidance to the
Policy and Regulations Staff (HFV-6), Center for Veterinary Medicine,
Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855.
Send one self-addressed adhesive label to assist that office in
processing your requests. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Laura R. Epstein, Center for
Veterinary Medicine (HFV-1), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability, for public comment, of draft
revised GFI #187 entitled ``Regulation of Intentionally Altered Genomic
DNA in Animals.'' This draft guidance revises current GFI #187 entitled
``Regulation of Genetically Engineered Animals Containing Heritable
recombinant DNA Constructs'' to expand the scope of the guidance to
address animals intentionally altered through use of genome editing
techniques. FDA is also requesting comment on nomenclature and on
whether certain types of genome editing may pose minimal risk. Before
finalizing the draft revised guidance, the agency intends to modify its
regulatory approach if it receives evidence demonstrating low risk.
    In the National Strategy for Modernizing the Regulatory System for
Biotechnology Products (the Strategy; released by the White House
Office of Science and Technology Policy on September 16, 2016),\1\ FDA
noted its intent to clarify its policy on the regulation of products
derived from genome editing techniques, including, as appropriate,
identifying and/or updating relevant existing guidance documents. FDA
also stated, as an example, its intent to update GFI #187, ``Regulation
of Genetically Engineered Animals Containing Heritable Recombinant DNA
Constructs,'' to clarify how developers of animals produced using
emerging technologies (e.g., genome editing) may meet applicable
statutory and regulatory requirements. FDA is issuing this draft
revised guidance for public comment consistent with this commitment in
the Strategy document. Under the Coordinated Framework for the

Regulation of Biotechnology, we intend to work cooperatively with other
relevant agencies that may also be considering their policies or
approaches related to genome editing applications within their
jurisdictions. As we finalize the draft revised guidance, we will be
consistent with the principles for the regulation of biotechnology
products articulated in the 2017 Update to the Coordinated Framework
(https://www.whitehouse.gov/sites/default/files/microsites/ostp/2017_coordinated_framework_update.pdf) and the goals and objectives of
the July 2015 EOP memorandum (https://www.whitehouse.gov/sites/default/files/microsites/ostp/modernizing_the_reg_system_for_biotech_products_memo_final.pdf).
---------------------------------------------------------------------------

    \1\ https://www.whitehouse.gov/sites/default/files/microsites/ostp/biotech_national_strategy_final.pdf.
---------------------------------------------------------------------------

A. Key Draft Revisions

    Draft revised GFI #187 is intended to clarify that, unless
otherwise excluded,\2\ the altered genomic DNA in an animal (referred
to in this document as ``animals with intentionally altered genomic
DNA'') that is intended to affect the structure or function of the body
of the animal or, in some cases, to diagnose, cure, mitigate, treat, or
prevent disease in the animal, meets the drug definition in section
201(g) of the FD&C Act. For the purposes of draft revised GFI #187,
``altered genomic DNA'' refers to the portion of an animal's genome
that has been intentionally altered. Such intentional alterations may
be made, for example, through the use of ``nucleases'' or ``genome
editing technologies,'' including engineered nuclease/nucleotide
complexes such as zinc finger nucleases (ZFN), transcription activator-
like effector nucleases (TALENs), and the clustered regulatory
interspersed short palindromic repeats (CRISPR) associated systems.
---------------------------------------------------------------------------

    \2\ In Draft Guidance for Industry #236, ``Regulation of
Mosquito-Related Products,'' FDA has proposed to clarify that the
phrase ``articles (other than food) intended to affect the structure
or any function of the body of man or other animals'' does not
include articles intended to prevent, destroy, repel, or mitigate
mosquitoes for population control purposes. Instead, such products
are pesticides regulated by the Environmental Protection Agency
(EPA) (http://www.fda.gov/downloads/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/UCM533600.pdf).
---------------------------------------------------------------------------

    Similar to current GFI #187, draft revised GFI #187 is intended to
clarify FDA's requirements and recommendations for producers and
developers of animals with intentionally altered genomic DNA. Current
GFI #187 and draft revised GFI #187 describe how the new animal drug
provisions of the FD&C Act apply with respect to the intentionally
altered genomic DNA of such animals.
    Animals may have intentional genomic alterations that are heritable
or non-heritable (e.g., those alterations intended to be used as gene
therapy). Although much of draft revised GFI #187 is relevant to non-
heritable intentional genomic alterations, and FDA intends to regulate
non-heritable intentional genomic alterations in much the same way as
described in this draft revised guidance, this draft revised guidance
primarily addresses animals whose genomes have been intentionally
altered for heritable purposes.

B. Additional Issues for Consideration and Comment

    FDA requests comment on draft revised GFI #187. In particular, we
request comments on two major categories of questions.
    1. In the first, we seek the public's input on how to refer to
these animals. In the past, FDA has used the term ``genetically
engineered'' to refer to animals containing recombinant DNA constructs
intended to alter the structure or function of the body of the animal.
For this draft revised guidance, we have used the phrase ``animals
whose genomes have been altered intentionally.'' Other terms that could
be used include ``genome edited animals,'' ``intentionally altered
animals,'' or expanding the term ``genetically engineered'' to include
the deliberate modification of the characteristics of an organism by
manipulating its genetic material. The public is encouraged to suggest
other phrases that are accurate and inclusive.
    2. The second set of questions for which we seek public input is on
whether there is any existing empirical evidence demonstrating that
certain types of genome editing may pose minimal risk, with particular
emphasis on the following:
    a. Are there categories of animals whose genomes have been
intentionally altered for which specific empirical evidence indicates
that there are no significant target animal, user safety, food safety,
or environmental risks? If so, what is that evidence?
    b. Are there categories of animals whose genomes have been
intentionally altered for which empirical evidence exists to
demonstrate that genome editing is durable on a genotypic and
phenotypic level and would continue to be durable over the lifetime of
a particular product? If so, what is that evidence?
    c. Is there empirical evidence to demonstrate that there are
degrees of introduced changes (e.g., insertions or deletions of any
size or single nucleotide substitutions) that are likely to pose less
risk than other changes? If so, what is that evidence?
    d. Is there empirical evidence that indicates that the degree of
taxonomic relationship between the introduced gene and the recipient
animal influences the health of that recipient animal or the extent to
which the trait is expressed? If so, what is that evidence?
    We noted in current GFI #187 that we might issue a separate
guidance on the regulation of GE animals bearing non-heritable
alterations. Draft revised GFI #187 removes references to this and
other guidance documents that we intend to develop in the future. This
was not done to indicate that we no longer intend to issue such
guidance documents. In light of changing priorities over time, we may
issue other guidance documents before developing those identified in
current GFI #187, and therefore decided we should not indicate in the
text of the revised guidance any additional guidance documents that we
may develop in the future.
    Current GFI #187 states, ``FDA is discussing with other agencies
the best approach for oversight of GE insects. Future guidance may be
developed to address them.'' Draft revised GFI #187 eliminates this
language. As indicated in the Strategy, FDA, EPA, and USDA intend to
``continue to examine their regulatory structures with the goal of
clarifying how the U.S. Federal Government will regulate genetically
engineered insects in an integrated and coordinated fashion to cover
the full range of potential products.'' FDA is continuing to work with
EPA and USDA, and will address this issue through action(s) separate
from this draft revision to current GFI #187. Elsewhere in this issue
of the Federal Register, we have published a notice announcing the
availability of a draft guidance for industry on regulation of
mosquito-related products.

II. Significance of Guidance

    This level 1 draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when finalized, will represent the current thinking of FDA on
Regulation of Intentionally Altered Genomic DNA in Animals. It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information have been approved under OMB Control Nos.
0910-0032, 0910-0045, 0910-0117, and 0910-0284.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: January 11, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-00839 Filed 1-18-17; 8:45 am]
 BILLING CODE 4164-01-P


Fw: (302102434) Split systems from China

Julius Banks

to:

kurt.dupuis

11/03/2009 03:45 PM

Cc:

Louise Miles

Mr. Dupuis,

We are currently drafting a final version of the rule that proposed a ban

on the sale and distribution of a/c and refrigeration appliances and

equipment components (such as but not limited to condensing units,

linesets, acoils) that are pre-charged with R-22 (

www.epa.gov/fedrgstr/EPA-AIR/2008/December/Day-23/a29999.pdf ).

As proposed, as of January 1, 2010 no person may sell or distribute air

conditioning or refrigeration equipment (including appliances and

equipment components) that are pre-charged with R-22.  So if the proposal

is finalized, as of the first of next year you would not be able to import

appliances and components that are precharged with R-22 if they were

manufactured on or after January 1, 2010.  Import would mean the day that

a person first brings or attempts to bring the product into the United

States.

EPA understands the time sensitivity of this important action.   We

anticipate a final version of the rule to be published later this year.

EPA will post the final rule on-line(www.epa.gov/ozone/strathome.html ) as

soon as it can be made public.   Additional information is available at

www.epa.gov/ozone/title6/phaseout/rulesoverview.html  and

www.epa.gov/ozone/title6/phaseout/classtwo.html.

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

www.epa.gov/ozone/title6/608/608fact.html

----- Forwarded by Louise Miles/DC/USEPA/US  on 10/30/2009 01:25 PM  -----

From:

"idaemon.rtpnc.epa.gov"<EMAIL_ADDRESS> To:

spdcomment@EPA

Date:

10/30/2009 10:24 AM

Subject:

(302102434)

Comment:I have a customer who imports splits ACs from China and we are

worried about the 2010 phase out. I need clarification on the January 1

cut off date. Would we be in compliance if the goods are produced in China

before January 1 but arrive at the US port after the January 1 cut off?

Please email me so that we may clarify this point. Thank you.

Phone:412-928-3565

button:Send Comment

<EMAIL_ADDRESS> sName:Kurt Dupuis

sOrganization:Electrolux International Company

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

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civil and/or administrative action.  For official

purposes, law enforcement and other authorized personnel

may monitor, record, read, copy and disclose all

information which an EPA system processes.  Any person's

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GTB6; .NET CLR 1.1.4322; .NET CLR 2.0.50727; InfoPath.1; .NET CLR

3.0.04506.30; .NET CLR 3.0.04506.648; .NET CLR 3.0.4506.2152; .NET CLR

3.5.30729)

Referred: http://www.epa.gov/Ozone/comments.htm

TSSMS: spdpublc

Mail to File: ozonerecipients

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


[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Page 51100]
[FR Doc No: 2016-18360]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 154

[Docket No. RM01-5-000]

Electronic Tariff Filings

AGENCY:  Federal Energy Regulatory Commission, DOE.

ACTION:  Correcting amendment.

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SUMMARY:  This document contains corrections to the final regulations
that became effective November 3, 2008 (with implementation of the
requirements beginning April 1, 2010), as published in the subsequent
editions of the Code of Federal Regulations, including the 2015
edition.

DATES:  Effective date: August 3, 2016.

FOR FURTHER INFORMATION CONTACT: Richard Wartchow, Office of the
General Counsel, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426, Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Commission amended 18 CFR 154.112(a),
addressing the filing of ``special rate schedules,'' reflecting special
operating arrangements previously certificated pursuant to part 157 of
the Commission's regulations (such as for the exchange of natural
gas).\1\
---------------------------------------------------------------------------

    \1\ Electronic Tariff Filings, Order No. 714, FERC Stats. &
Regs. ] 31,276, 73 FR 57515 (2008) (Order No. 714).
---------------------------------------------------------------------------

    As published in the 2015 edition of the Code of Federal
Regulations, the final regulations (effective November 3, 2008)
contained an error. Order No. 714 revised the fourth, fifth and sixth
sentences to reflect new filing requirements. However, the published
version of 18 CFR 154.112(a) incorrectly retained language from the
earlier version that should have been superseded. The Commission did
not intend to retain the superseded sentences. This correcting
amendment removes the incorrectly-retained language. This correction
does not affect 18 CFR 154.112(b) which remains unchanged.

List of Subjects in 18 CFR Part 154

    Natural gas, Pipelines, Reporting and record-keeping requirements,
Natural gas companies, Rate schedules and tariffs.

    Accordingly, 18 CFR part 154 is corrected by making the following
correcting amendments:

PART 154--RATE SCHEDULES AND TARIFFS

0
1. The authority citation for part 154 continues to read as follows:

    Authority:  15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.

0
2. Section 154.112 is corrected by revising paragraph (a) to read as
follows:

Sec.  154.112  Exception to form and composition of tariff.

    (a) The Commission may permit a special rate schedule to be filed
in the form of an agreement in the case of a special operating
arrangement, previously certificated pursuant to part 157 of this
chapter, such as for the exchange of natural gas. The special rate
schedule must contain a title page showing the parties to the
agreement, the date of the agreement, a brief description of services
to be rendered, and the designation: ``Rate Schedule X-[number].''
Special rate schedules may not contain any supplements. Modifications
must be made by inserting revised sheets, sections or the entire
document as appropriate. Special rate schedules must be included in a
separate volume of the tariff. Each such separate volume must contain a
table of contents which is incorporated as a sheet or section in the
open access transmission tariff.
* * * * *

    Dated: July 28, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-18360 Filed 8-2-16; 8:45 am]
 BILLING CODE 6717-01-P


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[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Notices]
[Pages 67768-67769]
[FR Doc No: 2019-26614]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2018-0025: Notice No. 19-XX]

Hazardous Materials: Notice of Issuance of Special Permit
Regarding Liquefied Natural Gas

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Notice.

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

SUMMARY: PHMSA is publishing this notice as a general informational
announcement concerning the issuance of a special permit. The special
permit authorizes the grantee to transport Methane, refrigerated liquid
(i.e., liquefied natural gas or LNG) by rail tank car. The special
permit and documents supporting the special permit decision have been
added to PHMSA's LNG by Rail Notice of Proposed Rulemaking Docket
(Docket No. PHMSA-2018-0025) for consideration by the public because
the subject matter of the special permit overlaps with the subject
matter of PHMSA's rulemaking proposing to authorize the transport of
LNG in rail tank cars. PHMSA reviewed comments to the draft
environmental assessment (Docket No. PHMSA-2019-0100) published for
public review on June 6, 2019. These comments informed PHMSA's decision
making in issuing the special permit and will also help to inform
PHMSA's deliberations with respect to a potential LNG by rail final
rule. PHMSA will consider any additional comments on the operational
controls included in the special permit that are filed to the LNG
rulemaking docket to aid the agency in determining what, if any,
operational controls may be appropriate for inclusion in a potential
final rule.

DATES: Comments must be received to Docket No. PHMSA-2018-0025 by
December 23, 2019. To the extent practicable, PHMSA will consider late-
filed comments in development of a potential final rule.

ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2018-0025 (HM-264) via any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2018-0025) or RIN (2137-AF40) for this rulemaking
at the beginning of the comment. To avoid duplication, please use only
one of these four methods. All comments received will be posted without
change to the Federal Docket Management System (FDMS) and will include
any personal information you provide. If sent by mail, comments must be
submitted in duplicate. Persons wishing to receive confirmation of
receipt of their comments must include a self-addressed stamped
postcard.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 105.30, you may ask
PHMSA to give confidential treatment to information you give to the
agency by taking the following steps: (1) Mark each page of the
original document submission containing CBI as ``Confidential''; (2)
send PHMSA, along with the original document, a second copy of the
original document with the CBI deleted; and (3) explain why the
information you are submitting is CBI. Unless you are notified
otherwise, PHMSA will treat such marked submissions as confidential
under the FOIA, and they will not be placed in the public docket of
this notice. Submissions containing CBI should be sent to Michael
Ciccarone, Office of Hazardous Materials Safety, Standards and
Rulemaking Division, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey Ave.
SE, Washington, DC 20590-0001. Any commentary that PHMSA receives which
is not specifically designated as CBI will be placed in the LNG by Rail
Notice of Proposed Rulemaking Docket (Docket No. PHMSA-2018-0025).

FOR FURTHER INFORMATION CONTACT: Donald Burger, Approvals and Permits
(PHH-30), Telephone<PHONE_NUMBER>, or Michael Ciccarone, Standards and
Rulemaking Division (PHH-10),

Telephone<PHONE_NUMBER>. U.S. Department of Transportation, Pipeline
and Hazardous Materials Safety Administration, 1200 New Jersey Avenue
SE, East Building, 2nd Floor, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: On June 6, 2019, PHMSA published a Notice of
Draft Environmental Assessment for a Special Permit Request for
Liquefied Natural Gas by Rail (PHMSA-2019-0100-0002) in the Federal
Register. PHMSA solicited comment on the draft environmental assessment
(EA) for a special permit request from Energy Transport Solutions, LLC.
The notice requested comment on potential safety, environmental, and
any additional impacts that should be considered as part of the special
permit evaluation. See Docket No. PHMSA-2019-0100 for further
information on the draft special permit.
    The comment period closed on August 7, 2019. PHMSA received
approximately 2,985 comments to the docket for the notice. In
consideration of the request for special permit and the 2,985 comments
received to the notice, PHMSA completed a technical evaluation and a
revised EA. For more information on the comments received please see
the revised EA, Section 6 PHMSA's Response to Public Comments, included
in both this docket and the docket for the draft EA and special permit.
PHMSA invites public comments relevant to the rulemaking on these
materials to be submitted to the rulemaking docket (Docket No. PHMSA-
2018-0025).
    The special permit--as issued--includes certain operational
controls that were not included in the draft special permit, draft EA,
and the ``Hazardous Materials: Liquefied Natural Gas by Rail'' (HM-264)
notice of proposed rulemaking (NPRM). Specifically, paragraph 7.c of
the special permit states the following:
    7.c. OPERATIONAL CONTROLS:
    (1) Each tank car must be operated in accordance with Sec.  173.319
except as specified in paragraph 7.a. above.\1\
---------------------------------------------------------------------------

    \1\ Paragraph 7.a. authorizes DOT-113C120W tank cars for bulk
transport of LNG and specifies that each tank car must have a
maximum permitted filling density (percent by weight) of 32.5%; a
maximum operating pressure of 15 psig when offered for
transportation; and remote sensing for detecting and reporting
internal pressure, location, and leakage.
---------------------------------------------------------------------------

    (2) Shipments are authorized between Wyalusing, PA and Gibbstown,
NJ, with no intermediate stops.
    (3) Within 90 days after issuance, the grantee shall prepare and
submit a plan providing per shipment quantities, timelines, and other
actions to be taken for moving from single car shipments to multi-car
shipments, and subsequently to unit trains (20 or more tank cars).
    (4) Trains transporting 20 or more tank cars authorized under this
special permit must be equipped and operated with a two-way end of
train device as defined in 49 CFR 232.5 or distributed power as defined
in 49 CFR 229.5.
    (5) Prior to the initial shipment of a tank car under this special
permit, the grantee must provide training to emergency response
agencies that could be affected between the authorized origin and
destination. The training shall conform to NFPA-472,\2\ including known
hazards in emergencies involving the release of LNG, and emergency
response methods to address an incident involving a train transporting
LNG.
---------------------------------------------------------------------------

    \2\ NFPA-472 is a voluntary consensus standard developed by the
National Fire Protection Association establishing minimum
competencies for responding to hazardous materials emergencies.
---------------------------------------------------------------------------

    (6) While in transportation, the grantee must remotely monitor each
tank car for pressure, location, and leaks.
    These operational controls were added as a result of PHMSA's
consideration of the comments received to the draft EA, PHMSA invites
comments on these operational controls to be submitted to the
rulemaking docket (Docket No. PHMSA-2018-0025). We encourage commenters
to provide data on the safety or economic impacts associated with
operational controls in the special permit, including analysis of the
safety benefits and the potential cost-benefit impact of implementing
these or other operational controls.

    Issued in Washington, DC, on December 5, 2019.
William S. Schoonover,
Associate Administrator of Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2019-26614 Filed 12-10-19; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register: January 28, 2008 (Volume 73, Number 18)]
[Notices]
[Page 4927-4929]
[DOCID:fr28ja08-122]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57170; File No. SR-CBOE-2007-96]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Proposed Rule Change and Amendment
No. 1 Thereto To Amend the Quarterly Option Series Pilot Program To
Permit the Listing of Additional Series

January 18, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 7, 2007, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been substantially
prepared by the Exchange. On January 17, 2008, the Exchange filed
Amendment No. 1 to the proposed rule change.\3\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment 1 replaced the original filing in its entirety.
---------------------------------------------------------------------------

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

    CBOE proposes to amend Rule 5.5(e) (Quarterly Option Series Pilot
Program) to permit the Exchange to list strike prices for Quarterly
Option Series (``QOS'') in exchange traded fund (``ETF'') options that
fall within a percentage range (30%) above and below the price of the
underlying ETF. Additionally, upon demonstrated customer interest, the
Exchange would also be permitted to open additional strike prices of
Quarterly Option Series in ETF options that are more than 30% above or
below the current price of the ETF. Market-Makers trading for their own
account would not be considered when determining customer interest
under this provision. In addition to the initial listed series, the
proposal would permit the Exchange to list up to sixty (60) additional
series per expiration month for each QOS in ETF options. Further, the
proposal includes a delisting program to be undertaken by the Exchange
in connection with QOS in ETFs. The text of the rule proposal is
available on the Exchange's Web site (http://www.cboe.org/legal), at
the Exchange's Office of the Secretary and at the Commission.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 5.5(e) (Quarterly Option Series
Pilot Program) to permit the Exchange to list strike prices for QOS in
ETF options that fall within a percentage range (30%) above and below
the price of the underlying ETF. Additionally, upon demonstrated
customer interest, the Exchange would also be permitted to open
additional strike prices of Quarterly Option Series in ETF options that
are more than 30% above or below the current price of the underlying
ETF. Market-Makers trading for their own account would not be
considered when determining customer interest under this provision. In
addition to the initial listed series, the proposal would permit the
Exchange to list up to sixty (60) additional series per expiration
month for each QOS in ETF options.
Background
    On July 7, 2006, the Exchange filed with the Commission a pilot
program proposal to permit the listing and trading of QOS in options on
indexes or options on ETFs that satisfy the applicable listing criteria
under CBOE rules.\4\ QOS trade based on calendar quarters that end in
March, June, September and December. The Exchange lists QOS that expire
at the end of the next consecutive four calendar quarters, as well as
the fourth quarter of the next calendar year. For example, if the
Exchange were trading QOS in iShares Russell 2000 Index Fund (``IWM'')
in the month of April 2008, it would list series that expire at the end
of the second quarter 2008 (June), third quarter 2008 (September),
fourth quarter 2008 (December), first quarter 2009 (March), and fourth
quarter 2009 (December).
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 54123 (July 11,
2006), 71 FR 40558 (July 17, 2006) (SR-CBOE-20065-65) (``Pilot
Program Approval Order''). Under the pilot program, the Exchange may
list QOS in up to five currently listed option classes that are
either options on ETFs or indexes. The Exchange is also permitted to
list QOS in any options class that is selected by other securities
exchanges that employ a similar pilot program under their respective
rules.
---------------------------------------------------------------------------

    Currently, the Exchange list QOS in five ETF options: (1) Nasdaq-
100 Index Tracking Stock (``QQQQ''); (2) IWM; (3) DIAMONDS Trust,
Series 1 (``DIA''); (4) Standard and Poor's Depositary Receipts/SPDRs
(``SPY''); and (5) Energy Select SPDR (``XLE''). The average daily
trading volume and total volume for QOS in IWM options significantly
exceeds the volumes for QOS in other ETF options that are listed and
traded on the Exchange. The chart below provides trading volume figures
for the third quarter in 2007, demonstrating that QOS in IWM options
are by far the most popular and heavily traded QOS on the Exchange.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     July 2007                      August 2007                   September 2007
                           QOS                           -----------------------------------------------------------------------------------------------
                                                                DV          Total vol.          ADV         Total vol.          ADV         Total vol.
--------------------------------------------------------------------------------------------------------------------------------------------------------
IWM.....................................................          61,383       1,289,047          76,857       1,767,704          78,706       1,495,408
QQQQ....................................................           6,355         133,459           7,413         170,488           8,201         155,819
SPY.....................................................           4,525          95,024          10,490         241,261          15,274         290,212
DIA.....................................................           2,488          52,251           3,199          73,574           2,553          48,512
XLE.....................................................             291           6,105             729          16,758           1,176          22,348
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Recently, the Exchange has received requests from market
participants to add additional strike prices for QOS in IWM options
that would be outside of the price range for setting strikes as
provided for under Rule 5.5(e)(3) (hereinafter ``+/-$5 range'').\5\
---------------------------------------------------------------------------

    \5\ Rule 5.5(e)(3) provides that the Exchange shall list strike
prices for a QOS that are within $5 from the closing price of the
underlying on the preceding day.
---------------------------------------------------------------------------

    Investors and other market participants have advised the Exchange
that they are buying and selling QOS in IWM options to trade
volatility. In order to adequately replicate the desired volatility
exposure, these market participants need to trade several IWM option
series, many having strike prices that fall outside of the +/-$5 range
currently allowed under the QOS rules.
    In addition, other participants have advised the Exchange that
their investment strategies involve trading options tied to a
particular option ``delta,'' \6\ rather than a particular level of the
underlying security or index. At issue is the fact that delta depends
on both the relative difference between the level of the underlying
security or index and the option strike price, and time to expiration.
For example, with IWM trading at $85 per share, the strike price
corresponding to a ``25-delta'' IWM call (i.e., a call option with a
delta of 25) with one month to expiration would be 89. However, the
strike price corresponding to a ``25-delta'' IWM call with 3 months to
expiration would be 93, and the strike price of a ``25-delta'' call
with 1 year to expiration would be 106. In short, CBOE has been advised
that the +/-$5 range for QOS in IWM options is insufficient to satisfy
customer demand.
---------------------------------------------------------------------------

    \6\ ``Delta'' is a measure of how an option price will change in
response to a $1 price change in the underlying security or index.
For example, an ABC option with a delta of ``50'' can be expected to
change by $0.50 in response to a $1 change in the price of ABC.
---------------------------------------------------------------------------

Proposed Rule Changes
    In order to meet customer demand, the Exchange proposes to amend
Rule 5.5(e), which governs the Quarterly Option Series Pilot Program.
Specifically, the Exchange proposes to revise Rule 5.5(e) to allow the
Exchange to open additional strike prices of QOS in ETF options that
are within thirty percent (30%) above or below the closing price of the
underlying ETF (or ``Units'' as defined in Rule 5.3.06) on the
preceding business day. The Exchange would also be permitted to open
additional strike prices of QOS in ETF options that are more than 30%
above or below the current price of the underlying ETF, provided that
demonstrated customer interest exists for such series, as expressed by
institutional, corporate or individual customers or their brokers.
Market-Makers trading for their own account would not be considered
when determining customer interest under this proposed provision. The
Exchange would be permitted to list up to sixty (60) additional series
per expiration month for each QOS in ETF options.
    The Exchange is also proposing to add new paragraph (6) to Rule
5.5, which would set forth a delisting policy. Specifically, with
respect to QOS in ETF options, the Exchange would, on a monthly basis,
review series that are outside a range of five (5) strikes above and
five (5) strikes below the current price of the underlying ETF, and
delist series with no open interest in both the put and the call series
having a strike price: (i) Higher than the highest strike price with
open interest in the put and/or call series for a given expiration
month; or (ii) lower than the lowest strike price with open interest in
the put and/or call series for a given expiration month.
    To illustrate how the proposed delisting program would work, assume
that IWM closed at $70 on the day the Exchange conducts the monthly
review of QOS in ETF options. Series having strike prices above $75 and
below $65 would be reviewed by the Exchange for possible delisting.
Assume that the Exchange lists the following QOS in IWM options that
expire in June 2008:

----------------------------------------------------------------------------------------------------------------
                       Calls--Jun 08 exp                                        Puts--Jun 08 exp
----------------------------------------------------------------------------------------------------------------
               Strike                      Open interest?                Strike               Open interest?
----------------------------------------------------------------------------------------------------------------
62..................................  No......................  62.....................  No.
63..................................  No......................  63.....................  Yes.
64..................................  Yes.....................  64.....................  Yes.

                                                  * * * * * * *
76..................................  Yes.....................  76.....................  Yes.
77..................................  Yes.....................  77.....................  Yes.
78..................................  Yes.....................  78.....................  Yes.
79..................................  Yes.....................  79.....................  Yes.
80..................................  Yes.....................  80.....................  Yes.
81..................................  Yes.....................  81.....................  Yes.
82..................................  Yes.....................  82.....................  Yes.
83..................................  No......................  83.....................  No.
84..................................  No......................  84.....................  No.
85..................................  No......................  85.....................  Yes.
86..................................  Yes.....................  86.....................  No.
87..................................  Yes.....................  87.....................  Yes.
88..................................  Yes.....................  88.....................  Yes.
89..................................  Yes.....................  89.....................  No.
90..................................  Yes.....................  90.....................  No.
91..................................  No......................  91.....................  No.
92..................................  No......................  92.....................  No.
93..................................  No......................  93.....................  No.
----------------------------------------------------------------------------------------------------------------

The Exchange would delist the series highlighted in grey above: $62,
$91, $92, and $93. The Exchange would not delist the $83 and $84 series
because there are series having open interest with strike prices higher
than these two series. In addition, the Exchange would not delist the
$63 call series because there is open interest in the $63 put series.

    Notwithstanding the proposed delisting policy, customer requests to
add strikes and/or maintain strikes in QOS in ETF options in series
eligible for delisting shall be granted.
    Further, in connection with the proposed delisting policy, if the
Exchange identifies series for delisting, the Exchange shall notify
other options exchanges with similar delisting policies regarding
eligible series for listing, and shall work with such other exchanges
to develop a uniform list of series to be delisted, so as to ensure
uniform series delisting of multiply listed QOS in ETF options.
    It is expected that the proposed delisting policy for QOS in ETF
options would be adopted by other options exchanges that have adopted
the QOS Pilot Program.
    The Exchange represents that it has the necessary systems capacity
to support new options series that will result from this proposal.
Further, as proposed, the Exchange notes that this rule change would
become part of the pilot program and, going forward, would be
considered by the Commission when the Exchange seeks to renew or make
permanent the pilot program in the future.\7\
---------------------------------------------------------------------------

    \7\ To the extent the Commission views the proposed rule change
as an expansion of the pilot program, thus triggering the
requirement under the terms of the Pilot Program Approval Order that
the Exchange submit a pilot program report, the Exchange notes that
it submitted a report on June 26, 2007, in connection with its
filing to extend the pilot program through July 10, 2008. See
Securities Exchange Act Release No. 56035 (July 10, 2007), 72 FR
38851 (July 16, 2007) (SR-CBOE-2007-70).
---------------------------------------------------------------------------

2. Statutory Basis
    Because the additional new series can be added without presenting
capacity problems and because the Exchange has proposed a delisting
policy with respect to QOS in ETF options, the Exchange believes the
rule proposal is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange and, in
particular, the requirements of section 6(b) of the Act.\8\
Specifically, the Exchange believes that the proposed rule change is
consistent with the requirements under section 6(b)(5) of the Act \9\
that the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts and,
in general, to protect investors and the public interest
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which CBOE consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2007-96 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2007-96. 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2007-96 and should be
submitted on or before February 19, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-1373 Filed 1-25-08; 8:45 am]

BILLING CODE 8011-01-P