[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74224-74225]
[FR Doc No: 2023-23816]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98792; File No. SR-MIAX-2023-42]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Delay Implementation of an Amendment to Rule
518, Complex Orders, To Permit Legging Through the Simple Market

October 24, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 12, 2023, Miami International Securities Exchange LLC
(``MIAX'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to delay implementation of the
change to allow a component of a complex order \3\ that legs into the
Simple Order Book \4\ to execute at a price that is outside the
NBBO.\5\
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    \3\ A ``complex order'' is any order involving the concurrent
purchase and/or sale of two or more different options in the same
underlying security (the ``legs'' or ``components'' of the complex
order), for the same account, in a ratio that is equal to or greater
than one-to-three (.333) and less than or equal to three-to-one
(3.00) and for the purposes of executing a particular investment
strategy. Mini-options may only be part of a complex order that
includes other mini-options. Only those complex orders in the
classes designated by the Exchange and communicated to Members via
Regulatory Circular with no more than the applicable number of legs,
as determined by the Exchange on a class-by-class basis and
communicated to Members via Regulatory Circular, are eligible for
processing. See Exchange Rule 518(a)(5).
    \4\ The ``Simple Order Book'' is the Exchange's regular
electronic book of orders and quotes. See Exchange Rule 518(a)(15).
    \5\ The term ``NBBO'' means the national best bid or offer as
calculated by the Exchange based on market information received by
the Exchange from the appropriate Securities Information Processor
(``SIP''). See Exchange Rule 518(a)(14).
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    The text of the proposed rule change is available on the Exchange's
website at https://www.miaxglobal.com/markets/us-options/miax-options/rule-filings, at MIAX's principal office, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    On October 22, 2019, the Exchange filed a proposed rule change to
amend subsection (c)(2)(iii) of Exchange Rule 518, Complex Orders, to
remove the provision which provides that a component of a complex order
that legs into the Simple Order Book may not execute at a price that is
outside the NBBO.\6\ The proposed rule change indicated that the
Exchange would announce the implementation date of the proposed rule
change by Regulatory Circular to be published no later than 90 days
following the operative date of the proposed rule. The implementation
date will be no later than 90 days following the issuance of the
Regulatory Circular. The Exchange filed to delay the implementation of
this functionality and the latest proposal delayed implementation until
the third quarter of 2023.\7\ The Exchange now proposes to again delay
the implementation of this functionality until the fourth quarter of
2024, at the latest.
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    \6\ See Securities Exchange Release No. 87440 (November 1,
2019), 84 FR 60117 (November 7, 2019) (SR-MIAX-2019-45).
    \7\ See Securities Exchange Release Nos. 94939 (May 18, 2022),
87 FR 31590 (May 24, 2022) (SR-MIAX-2022-21); No. 96490 (December
13, 2022), 87 FR 77648 (December 19, 2022) (SR-MIAX-2022-46).
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    The Exchange proposes this delay in order to allow the Exchange to
reprioritize its software delivery and release schedule as a result of
a shift in priorities at the Exchange. The Exchange will issue a
Regulatory Circular notifying market participants at least 45 days
prior to implementing this functionality.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \8\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \9\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in, securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest by
allowing the Exchange additional time to plan and implement the
proposed functionality.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange's proposal to
delay the implementation of the proposed functionality does not impose
an undue burden on competition. Delaying the implementation will simply
allow the Exchange additional time to properly plan and implement the
proposed functionality.
    The Exchange does not believe that the proposed rule change will
impose any burden on intramarket competition as the delay will apply
equally to all Members of the Exchange.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition as the proposal is to
delay the implementation of approved functionality which affects MIAX
Members only and does not impact intermarket competition.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \10\ and Rule
19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. Rule 19b-4(f)(6)(iii)
also requires a self-regulatory organization to provide the Commission
with written notice of its intent to file a proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange has asked the Commission to waive both the five-
business day pre-filing requirement and the 30-day operative delay to
allow the Exchange to provide an immediate update regarding the
implementation of the functionality, which would eliminate potential
confusion regarding the implementation of the proposal. The Exchange
states that delaying the implementation of the functionality will allow
the Exchange to reprioritize its software delivery and release schedule
and provide the Exchange additional time to plan and implement the
functionality.
    The Commission waives the five-business day pre-filing requirement.
In addition, the Commission finds that it is consistent with the
protection of investors and the public interest to waive the 30-day
operative delay. As discussed above, the Exchange amended its rules in
2019 to allow the component legs of a complex order to execute at a
price that is outside the NBBO when they execute against interest on
the Exchange's Simple Order Book.\14\ The Exchange has delayed the
implementation of this functionality several times, most recently until
the third quarter of 2023.\15\ Waiver of the operative delay will allow
the Exchange to immediately notify its members of the delay in
implementing the functionality, which could help to avoid confusion
regarding its implementation. Therefore, the Commission waives the 30-
day operative delay and designates the proposal operative upon
filing.\16\
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    \14\ See supra note 6.
    \15\ See supra note 7.
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-MIAX-2023-42 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-MIAX-2023-42. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of 10
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. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-MIAX-2023-42 and should be
submitted on or before November 20, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-23816 Filed 10-27-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Page 81074]
[FR Doc No: 2023-25709]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14851-003]

White Pine Waterpower, LLC; Notice of Revised Schedule for White
Pine Pumped Storage Project

    This notice revises the Federal Energy Regulatory Commission's
(Commission) schedule for processing White Pine Waterpower, LLC's
license application for the White Pine Pumped Storage Project. A prior
notice issued on May 11, 2023, identified an anticipated schedule for
issuance of draft and final National Environmental Policy Act (NEPA)
documents and a final order for the project. After the issuance of that
notice, White Pine Waterpower, LLC indicated that it will be conducting
a hydrogeologic study that provides data on local aquifer stratigraphy,
groundwater elevation, and water quality needed to support the design
of the project's water supply wellfield. White Pine Waterpower, LLC
stated that it would file the study results by ``November 2024''. On
October 26, 2023, Commission staff issued a letter requiring White Pine
Waterpower, LLC to file the corresponding study results with the Bureau
of Land Management before filing them with the Commission by January
31, 2025. To account for the additional time needed for White Pine
Waterpower, LLC to complete the studies and file the study results, the
application will be processed according to the following revised
schedule.

Notice of Ready for Environmental Analysis: April 14, 2025
Draft NEPA Document: January 9, 2026
Final NEPA Document: July 24, 2026

    In addition, in accordance with Title 41 of the Fixing America's
Surface Transportation Act, enacted on December 4, 2015, agencies are
to publish completion dates for all federal environmental reviews and
authorizations. This notice identifies the Commission's anticipated
schedule for issuance of the final order for the project, which is
based on the revised issuance date for the final NEPA document.
Accordingly, we currently anticipate issuing a final order for the
project no later than:

Issuance of Final Order November 19, 2026

    If a schedule change becomes necessary, an additional notice will
be provided so that interested parties and government agencies are kept
informed of the project's progress.

    Dated: November 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-25709 Filed 11-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 10, 2006 (Volume 71, Number 195)]
[Notices]
[Page 59562-59563]
[DOCID:fr10oc06-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54556; File No. SR-BSE-2005-09]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Order
Approving Proposed Rule Change and Amendment Nos. 1 and 2 Thereto
Relating to Its Minor Rule Violation Plan

October 2, 2006.
    On February 7, 2005, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend BSE Rule Chapter XXX (``Disciplining of
Members--Denial of Membership'') and BSE Rule Chapter XXXIV (``Minor
Rule Violations''). The Exchange filed Amendment No. 1 to the proposed
rule change on July 7, 2006, and Amendment No. 2 on August 18, 2006.
The proposed rule change, as amended, was published for comment in the
Federal Register on September 1, 2006.\3\ The Commission received no
comments regarding the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 54374 (August 28,
2006), 71 FR 52183.
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    BSE proposed to make the following changes:
     Add ``Principal Considerations in Determining Sanctions''
to BSE Rule Chapter XXX;
     Move Acceptance Waiver and Consent Procedures (``AWC'')
from BSE Rule Chapter XXXIV to BSE Rule Chapter XXX;

     Change references to the ``Chief Regulatory Officer'' in
the AWC to the ``General Counsel or his/her delegatee'';
     Add a provision in BSE Rule Chapter XXX imposing a late
charge when a member fails to pay a fine on a timely basis;
     Add violations of the Exchange's rules governing the
Intermarket Trading System to BSE Rule Chapter XXXIV;
     Restructure the fine levels of violations in BSE Rule
Chapter XXXIV pertaining to Failure to Display Limit Orders, Floor
Order Facilitation, Failure to Designate an Order (PPS), and Dealings
Outside of Exchange Operating Hours; and
     Adjust the fine levels for short sale violations in BSE
Rule Chapter XXXIV.
    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\4\
In particular, the Commission believes that the proposal is consistent
with Section 6(b)(5) of the Act,\5\ because delineating factors to be
considered in determining sanctions should promote transparency of the
Exchange's disciplinary process and the ability to impose a late charge
for the failure to pay fines should help the Exchange carry out its
supervisory responsibilities.
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    \4\ In approviing this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \5\ 15 U.S.C. 78f(b)(5).
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    The Commission further believes that the proposal is consistent
with Sections 6(b)(1) and 6(b)(6) of the Act,\6\ which require that the
rules of an exchange enforce compliance with, and provide appropriate
discipline for, violations of Commission and Exchange rules. In
addition, because BSE Rule Chapter XVIII provides procedural rights to
contest the fine for any violation of an Exchange rule and permits
disciplinary proceedings on the matter, the Commission believes BSE
Rule Chapter XXXIV, as amended by this proposal, provides a fair
procedure for the disciplining of members and persons associated with
members, consistent with Sections 6(b)(7) and 6(d)(1) of the Act.\7\
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    \6\ 15 U.S.C. 78f(b)(1) and 78f(b)(6).
    \7\ 15 U.S.c. 78f(b)(7) and 78f(d)(1).
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    Finally, the Commission finds that the proposal is consistent with
the public interest, the protection of investors, or otherwise in
furtherance of the purposes of the Act, as required by Rule 19d-1(c)(2)
under the Act \8\ which governs minor rule violation plans. The
Commission believes that the proposed change to BSE Rule Chapter XXXIV
will strengthen the Exchange's ability to carry out its oversight and
enforcement responsibilities as a self-regulatory organization in cases
where full disciplinary proceedings are unsuitable in view of the minor
nature of the particular violation.
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    \8\ 17 CFR 240.19d-1(c)(2).
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    In approving this proposed rule change, as amended, the Commission
in no way minimizes the importance of compliance with BSE rules and all
other rules subject to the imposition of fines under the minor rule
violation plan of the Exchange. The Commission believes that the
violation of any self-regulatory organization's rules, as well as
Commission rules, is a serious matter. However, the Exchange's minor
rule violation plan under BSE Rule Chapter XXXIV provides a reasonable
means of addressing rule violations that do not rise to the level of
requiring formal disciplinary proceedings, while providing greater
flexibility in handling certain violations. The Commission expects that
BSE will continue to conduct surveillance with due diligence and make a
determination based on its findings, on a case-by-case basis, whether a
fine of more or less than the recommended amount is appropriate for a
violation under the minor rule violation plan or whether a violation
requires formal disciplinary action under BSE Rule Chapter XXX.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\9\ and Rule 19d-1(c)(2) under the Act,\10\ that the proposed rule
change (SR-BSE-2005-09), as amended, be, and hereby is, approved and
declared effective.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 17 CFR 240.19d-1(c)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12); 17 CFR 200.30-3(a)(44).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-16645 Filed 10-6-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: May 22, 2007 (Volume 72, Number 98)]
[Notices]
[Page 28730]
[DOCID:fr22my07-113]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon written request, copies available from: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension:
    Rule 303, SEC File No. 270-450, OMB Control No. 3235-0505.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Commission (``Commission'') is
soliciting comments on the collection of information summarized below.
The Commission plans to submit this existing collection of information
to the Office of Management and Budget for extension and approval.
    Regulation ATS (17 CFR 242.300 et seq.) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) provides a regulatory
structure that directly addresses issues related to alternative trading
systems' role in the marketplace. Regulation ATS allows alternative
trading systems to choose between two regulatory structures.
Alternative trading systems have the choice between registering as
broker-dealers and complying with Regulation ATS or registering as
national securities exchanges. Regulation ATS provides the regulatory
framework for those alternative trading systems that choose to be
regulated as broker-dealers. Rule 303 of Regulation ATS describes the
record preservation requirements for alternative trading systems that
are not national securities exchanges.
    Alternative trading systems that register as broker-dealers, comply
with Regulation ATS, and meet certain volume thresholds are required to
preserve all records made pursuant to Rule 302, which includes
information relating to subscribers, trading summaries and order
information. Such alternative trading systems are also required to
preserve records of any notices communicated to subscribers, a copy of
the system's standards for granting access to trading and any documents
generated in the course of complying with the capacity, integrity and
security requirements for automated systems under Rule 301(b)(6) of
Regulation ATS. Rule 303 also describes how such records must be kept
and how long they must be preserved.
    The information contained in the records required to be preserved
by the Rule will be used by examiners and other representatives of the
Commission, state securities regulatory authorities, and the SROs to
ensure that alternative trading systems are in compliance with
Regulation ATS as well as other rules and regulations of the Commission
and the SROs. Without the data required by the proposed Rule, the
Commission would be severely limited in its ability to comply with its
statutory obligations, provide for the protection of investors and
promote the maintenance of fair and orderly markets.
    Respondents consist of alternative trading systems that choose to
register as broker-dealers and comply with the requirements of
Regulation ATS. The Commission estimates that there are currently
approximately 65 respondents.
    An estimated 65 respondents will spend approximately 260 hours per
year (65 respondents at 4 burden hours/respondent) to comply with the
record preservation requirements of Rule 303. At an average cost per
burden hour of $86.54, the resultant total related cost of compliance
for these respondents is $22,500.00 per year (260 burden hours
multiplied by $86.54/hour; a slight discrepancy is due to arithmetic
rounding).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Comments should be directed to R. Corey Booth Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted within 60
days of this notice.

    Dated: May 16, 2007.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E7-9806 Filed 5-21-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 30, 2009 (Volume 74, Number 145)]
[Notices]
[Page 38064-38065]
[DOCID:fr30jy09-101]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Extension of Existing Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 15c3-1, OMB Control No. 3235-0200, SEC File No. 270-197.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities

and Exchange Commission (``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Rule 15c3-1 (17 CFR 240.15c3-1) under the Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.) requires brokers and dealers to have at
all times sufficient liquid assets to meet their current liabilities,
particularly the claims of customers. The rule facilitates monitoring
the financial condition of brokers and dealers by the Commission and
the various self-regulatory organizations. It is estimated that the
active broker-dealer respondents registered with the Commission incur
an aggregate burden of 73,300 hours per year to comply with this rule.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to Charles Boucher, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>
    Dated: July 24, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-18171 Filed 7-29-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: March 26, 2009 (Volume 74, Number 57)]
[Notices]
[Page 13201]
[DOCID:fr26mr09-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-60-001]

Dominion Cove Point LNG, LP; Notice of Amendment To Application

March 19, 2009.
    Take notice that on March 5, 2009, Dominion Cove Point LNG, LP
(Cove Point) with a principal place of business at 120 Tredegar Street,
Richmond, VA, filed with the Federal Energy Regulatory Commission an
amendment to its February 4, 2009 application under section 3 of the
Natural Gas Act. In this application, Cove Point is seeking
authorization to upgrade, modify, and expand the existing offshore pier
at Cove Point's LNG Terminal located in Calvert County, Maryland. Cove
Point says that these proposed facilities will enable the safe docking,
discharge and departure from the pier of next-generation LNG vessels
that are now coming into service worldwide.
    Cove Point's amendment to its application is more fully set forth
in the March 5, 2009, filing which is on file with the Commission and
open to public inspection. The filing is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document, but include 001 in the sub
docket list. For assistance, contact FERC at FERCOnline
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY, (202) 502-
8659.
    Any questions regarding this Application should be directed to
Amanda K. Prestage, Regulatory and Certificates Analyst II, Dominion
Transmission, Inc., 701 East Cary Street, Richmond, VA 23219,
telephone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>.
    In Exhibit Z3 of Cove Point's February 4, 2009, application it
included certain applicable proposed revisions to its tariff. By this
amendment, Cove Point has further revised certain proposed tariff
sheets and proposed further revisions to its tariff. Specifically, Cove
Point has revised proposed tariff sheet Nos. 23A, 51, and 287; and
added to its application proposed revisions to tariff sheet Nos. 27 and
31. All other aspects of Cove Point's proposal remain the same as filed
on February 4, 2009.
    There are two ways to become involved in the Commission's review of
this project.\1\ First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
---------------------------------------------------------------------------

    \1\ Persons who have already filed motions to intervene or
commented on this application need not file anything again unless
they seek to comment on the specific revisions to the application
proposed in this amendment.
---------------------------------------------------------------------------

    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission strongly encourages electronic filings of comments,
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.
    Comment Date: April 3, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-6695 Filed 3-25-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Notices]
[Page 7768]
[DOCID:fr11fe08-99]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request;

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213

Extension:
    Rule 425; OMB Control No. 3235-0521; SEC File No. 270-462.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget the request for extension of the previously approved
collection of information discussed below.
    Rule 425 (17 CFR 230.425) under the Securities Act of 1933 (15
U.S.C. 77a et seq.) requires the filing of certain prospectuses and
communications under Rule 135 (17 CFR 230.135) and Rule 165 (17 CFR
230.165) in connection with business combination transactions. The
purpose of the rule is to permit more oral and written communications
with shareholders about tender offers, mergers and other business
combination transactions on a more timely basis, so long as the written
communications are filed on the date of first use. The information
provided under Rule 425 is made available to the public upon request.
Also, the information provided under Rule 425 is mandatory.
Approximately 3,700 issuers file communications under Rule 425 at an
estimated .25 hours per response for a total of 925 annual burden
hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Written comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or send an e-mail to
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief Information

Officer, Office of Information Technology, Securities and Exchange
Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria,
VA 22312; or send e-mail to<EMAIL_ADDRESS>Comments must be
submitted to OMB within 30 days of this notice.

    Dated: February 4, 2008.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-2444 Filed 2-8-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Rules and Regulations]
[Page 1471]
[FR Doc No: 2015-00261]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 80, No. 7 / Monday, January 12, 2015 / Rules
and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-1071]

Security Zones; Annual Events in the Captain of the Port Detroit
Zone--North American International Auto Show, Detroit River, Detroit,
MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a security zone associated with
the North American International Auto Show, Detroit River, Detroit, MI.
This security zone is intended to restrict vessels from a portion of
the Detroit River in order to ensure the safety and security of
participants, visitors, and public officials at the North American
International Auto Show, which is being held at Cobo Hall in downtown
Detroit, MI. Vessels in close proximity to the security zone will be
subject to increased monitoring and boarding during the enforcement of
the security zone. No person or vessel may enter the security zone
while it is being enforced without permission of the Captain of the
Port Detroit.

DATES: The security zone regulation described in 33 CFR 165.915(a)(3)
will be enforced from 8 a.m. on January 12, 2015 through 11:59 p.m. on
January 25, 2014.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email LT Adrian Palomeque, Prevention, U.S. Coast
Guard Sector Detroit, 110 Mount Elliot Ave., Detroit, MI 48207;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the North
American International Auto Show, Detroit River, Detroit, MI security
zone listed in 33 CFR 165.915(a)(3). This security zone includes all
waters of the Detroit River encompassed by a line beginning at a point
of origin on land adjacent to the west end of Joe Lewis Arena at
42[deg]19.44' N, 083[deg]03.11' W; then extending offshore
approximately 150 yards to 42[deg]19.39' N, 083[deg]03.07' W; then
proceeding upriver approximately 2000 yards to a point at 42[deg]19.72'
N, 083[deg]01.88' W; then proceeding onshore to a point on land
adjacent the Tricentennial State Park at 42[deg]19.79' N,
083[deg]01.90' W; then proceeding downriver along the shoreline to
connect back to the point of origin. All coordinates are North American
Datum 1983.
    All persons and vessels shall comply with the instructions of the
Captain of the Port Detroit or his designated on-scene representative,
who may be contacted via VHF Channel 16.
    Under the provisions of 33 CFR 165.33, no person or vessel may
enter or remain in this security zone without the permission of the
Captain of the Port Detroit. Each person and vessel in this security
zone shall obey any direction or order of the Captain of the Port
Detroit. The Captain of the Port Detroit may take possession and
control of any vessel in this security zone. The Captain of the Port
Detroit may remove any person, vessel, article, or thing from this
security zone. No person may board, or take or place any article or
thing on board any vessel in this security zone without the permission
of the Captain of Port Detroit. No person may take or place any article
or thing upon any waterfront facility in this security zone without the
permission of the Captain of the Port Detroit.
    Vessels that wish to transit through this security zone shall
request permission from the Captain of the Port Detroit or his
designated representative. Requests must be made in advance and
approved by the Captain of Port before transits will be authorized.
Approvals may be granted on a case by case basis. The Captain of the
Port may be contacted via U.S. Coast Guard Sector Detroit on channel
16, VHF-FM. The Coast Guard will give notice to the public via Local
Notice to Mariners and VHF radio broadcasts that the regulation is in
effect.
    This document is issued under authority of 33 CFR 165.915 and 5
U.S.C. 552(a). If the Captain of the Port determines that this security
zone need not be enforced for the full duration stated in this
document; he may suspend such enforcement and notify the public of the
suspension via a Broadcast Notice to Mariners.

    Dated: December 18, 2014.
S.B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2015-00261 Filed 1-9-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Notices]
[Page 45632-45636]
[DOCID:fr03au10-75]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0382]

Animal Drug User Fee Rates and Payment Procedures for Fiscal Year
2011

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the rates
and payment procedures for fiscal year (FY) 2011 animal drug user fees.
The Federal Food, Drug, and Cosmetic Act (the act), as amended by the
Animal Drug User Fee Act of 2003 (ADUFA) and the Animal Drug User Fee
Amendments of 2008 (ADUFA II), authorizes FDA to collect user fees for
certain animal drug applications and supplements, on certain animal
drug products, on certain establishments where such products are made,
and on certain sponsors of such animal drug applications and/or
investigational animal drug submissions. This notice establishes the
fee rates for FY 2011.

FOR FURTHER INFORMATION CONTACT: Visit FDA's Web site at http://
www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm
or contact Lisa Kable, Center for Veterinary Medicine (HFV-10), Food
and Drug Administration, 7529 Standish Pl., Rockville, MD 20855, 240-
276-9718. For general questions, you may also e-mail the Center for
Veterinary Medicine (CVM) at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 740 of the act (21 U.S.C. 379j-12) establishes four
different kinds of user fees: (1) Fees for certain types of animal drug
applications and supplements, (2) annual fees for certain animal drug
products, (3) annual fees for certain establishments where such
products are made, and (4) annual fees for certain sponsors of animal
drug applications and/or investigational animal drug submissions (21
U.S.C. 379j-12(a)). When certain conditions are met, FDA will waive or
reduce fees (21 U.S.C. 379j-12(d)).
    For FY 2009 through FY 2013, the act establishes aggregate yearly
base revenue amounts for each of these fee categories. Base revenue
amounts established for years after FY 2009 are subject to adjustment
for workload. Fees for applications, establishments, products, and
sponsors are to be established each year by FDA so that the revenue for
each fee category will approximate the level established in the
statute, after the level has been adjusted for workload.
    For FY 2011, the animal drug user fee rates are: $316,200 for an
animal drug application; $158,100 for a supplemental animal drug
application for which safety or effectiveness data is required and for
an animal drug application subject to the criteria set forth in section
512(d)(4) of the act (21 U.S.C. 360b(d)(4)); $7,235 for an annual
product fee; $83,100 for an annual establishment fee; and $64,000 for
an annual sponsor fee. FDA will issue invoices for FY 2011 product,
establishment, and sponsor fees by December 31, 2010, and these
invoices will be due and payable within 30 days of issuance of the
invoice.
    The application fee rates are effective for applications submitted
on or after October 1, 2010, and will remain in effect through
September 30, 2011. Applications will not be accepted for review until
FDA has received full payment of application fees and any other animal
drug user fees owed.

II. Revenue Amount for FY 2011

A. Statutory Fee Revenue Amounts

    ADUFA II (Public Law 110-316 signed by the President on August 14,
2008) specifies that the aggregate revenue amount for FY 2011 for each
of the 4 animal drug user fee categories is $4,862,000, before any
adjustment for workload is made. (See 21 U.S.C. 379j-12(b)(1) through
(b)(4).)

B. Inflation Adjustment to Fee Revenue Amount

    The amounts established in ADUFA II for each year for FY 2009
through FY 2013 include an inflation adjustment; so, no further
inflation adjustment is required.

C. Workload Adjustment to Inflation Adjusted Fee Revenue Amount

    For each FY beginning in FY 2010, ADUFA provides that fee revenue
amounts shall be further adjusted to reflect changes in review workload
(21 U.S.C. 379j-12(c)(1)).
    FDA calculated the average number of each of the five types of
applications and submissions specified in the workload adjustment
provision (animal drug applications, supplemental animal drug
applications for which data with respect to safety or efficacy are
required, manufacturing supplemental animal drug applications,
investigational animal drug study submissions, and investigational
animal drug protocol submissions) received over the 5-year period that
ended on September 30, 2002 (the base years), and the average number of
each of these types of applications and submissions over the most
recent 5-year period that ended on June 30, 2010.
    The results of these calculations are presented in the first two
columns of table 1 of this document. Column 3 reflects the percent
change in workload over the two 5-year periods. Column 4 shows the
weighting factor for each type of application, reflecting how much of
the total FDA animal drug review workload was accounted for by each
type of application or submission in the table during the most recent 5
years. Column 5 of table 1 of this document is the weighted percent
change in each category of workload, and was derived by multiplying the
weighting factor in each line in column 4 by the percent change from
the base years in column 3. At the bottom right of the table the sum of
the values in column 5 is added, reflecting a total change in workload
of -25% percent for FY 2011. This is the workload adjuster for FY 2011.

                                      Table 1--Workload Adjuster Calculation (Numbers may not add due to rounding)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Column 1  5-Year                                                                        Column 5
                 Application Type                     Average (Base    Column 2  Latest 5-     Column 3         Column 4  Weighting        Weighted %
                                                         Years)           Year Average      Percent Change             Factor                Change
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Animal Drug Applications (NADAs)                             28.8                12.2              -58%                     0.0372               -2%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Supplemental NADAs With Safety or Efficacy Data                  23.4                13.2              -44%                     0.0241               -1%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturing Supplements                                       366.6               430.4               17%                     0.1699                3%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Investigational Study Submissions                               336.6               230.4              -32%                     0.5431              -17%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Investigational Protocol Submissions                            292.4               198.6              -32%                     0.2257               -7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2011 Workload Adjuster                                                                                -25%
--------------------------------------------------------------------------------------------------------------------------------------------------------

    ADUFA specifies that the workload adjuster may not result in fees
that are less than the fee revenue amount in the statute (21 U.S.C.
379j-12(c)(1)(B)). Because applying the FY 2011 workload adjuster would
result in fees less than the statutory amount, the workload adjustment
will not be applied in FY 2011. As a result, the statutory revenue
target amount for each of the 4 categories of fees remains at
$4,862,000 with the new total revenue target for fees in FY 2011 being
$19,448,000.

III. Adjustment for Excess Collections in Previous Years

    ADUFA II amended the annual offset provision of ADUFA I to require
one offset when FY 2013 fees are set in August of 2012, if aggregate
collections from FY 2009 through 2011 plus the amount of fees estimated
to be collected for FY 2012 exceed aggregate appropriations over the
same period (21 U.S.C. 379j-12(g)(4), as amended by ADUFA II).
Therefore FDA is not offsetting for excess collections at this time.

IV. Application Fee Calculations for FY 2011

    The terms ``animal drug application'' and ``supplemental animal
drug application'' are defined in section 739 of the act (21 U.S.C.
379j-11(1) and (2)).

A. Application Fee Revenues and Numbers of Fee-Paying Applications

    The application fee must be paid for any animal drug application or
supplemental animal drug application that is subject to fees under
ADUFA and that is submitted on or after September 1, 2003. The
application fees are to be set so that they will generate $4,862,000 in
fee revenue for FY 2011. This is the amount set out in the statute and
no adjustments are required for FY 2011. The fee for a supplemental
animal drug application for which safety or effectiveness data are
required and for an animal drug application subject to criteria set
forth in section 512(d)(4) of the act is to be set at 50 percent of the
animal drug application fee. (See 21 U.S.C. 379j-12(a)(1)(A)(ii), as
amended by ADUFA II.)
    To set animal drug application fees and supplemental animal drug
application fees to realize $4,862,000, FDA must first make some
assumptions about the number of fee-paying applications and supplements
the agency will receive in FY 2011.
    The agency knows the number of applications that have been
submitted in previous years. That number fluctuates significantly from
year to year. In estimating the fee revenue to be generated by animal
drug application fees in FY 2011, FDA is assuming that the number of
applications that will pay fees in FY 2011 will equal the average
number of submissions over the 4 most recent years (including an
estimate for the current year). This may not fully account for possible
year to year fluctuations in numbers of fee-paying applications, but
FDA believes that this is a reasonable approach after 7 years of
experience with this program.
    Over the past 4 years, the average number of animal drug
applications that would have been subject to the full fee was 8.5,
including the number for the most recent year, estimated at 9. Over
this same period, the average number of supplemental applications and
applications subject to the criteria set forth in section 512(d)(4) of
the act that would have been subject to half of the full fee was 13.75,
including the number for the most recent year, estimated at 14.
    Thus, for FY 2011, FDA estimates receipt of 8.5 fee paying original
applications and 13.75 fee-paying supplemental animal drug applications
and applications subject to the criteria set forth is section 512(d)(4)
of the act which pay half of the full fee.

B. Fee Rates for FY 2011

    FDA must set the fee rates for FY 2011 so that the estimated 8.5
applications that pay the full fee and the estimated 13.75 supplements
and applications subject to the criteria set forth in section 512(d)(4)
of the act that pay half of the full fee will generate a total of
$4,862,000. To generate this amount, the fee for an animal drug
application, rounded to the nearest hundred dollars, will have to be
$316,200, and the fee for a supplemental animal drug application for
which safety or effectiveness data are required and for applications
subject to the criteria set forth in section 512(d)(4) of the act will
have to be $158,100.

V. Product Fee Calculations for FY 20111

A. Product Fee Revenues and Numbers of Fee-Paying Products

    The animal drug product fee (also referred to as the product fee)
must be paid annually by the person named as the applicant in a new
animal drug application or supplemental new animal drug application for
an animal drug product submitted for listing under section 510 of the
act (21 U.S.C. 360), and who had an animal drug application or
supplemental animal drug application pending at FDA after September 1,
2003. (See 21 U.S.C. 379j-12(a)(2).) The term ``animal drug product''
is defined in 21 U.S.C. 379j-11(3). The product fees are to be set so
that they will generate $4,862,000 in fee revenue for FY 2011. This is
the amount set out in the statute and no adjustments are required for
FY 2011.
    To set animal drug product fees to realize $4,862,000, FDA must
make some assumptions about the number of products for which these fees
will be paid in FY 2011. FDA developed data on all animal drug products
that have been submitted for listing under section 510 of the act, and
matched this to the list of all persons who had an animal drug
application or supplement pending after September 1, 2003. As of July
2010, FDA estimates that there are a total of 747 products submitted
for listing by persons who had an animal drug application or
supplemental animal drug application pending after September 1, 2003.
Based on this, FDA estimates that a total of 747 products will be
subject to this fee in FY 2011.
    In estimating the fee revenue to be generated by animal drug
product fees in FY 2011, FDA is again assuming that 10 percent of the
products invoiced, or about 75, will not pay fees in FY 2011 due to fee
waivers and reductions. Based on experience with other user fee
programs and the first 7 years of ADUFA, FDA believes that this is a
reasonable basis for estimating the number of fee-paying products in FY
2011.
    Accordingly, the agency estimates that a total of 672 (747 minus
75) products will be subject to product fees in FY 2011.

B. Product Fee Rates for FY 2011

    FDA must set the fee rates for FY 2011 so that the estimated 672
products that pay fees will generate a total of $4,862,000. To generate
this amount will require the fee for an animal drug product, rounded to
the nearest 5 dollars, to be $7,235.

VI. Establishment Fee Calculations for FY 2011

A. Establishment Fee Revenues and Numbers of Fee-Paying Establishments

    The animal drug establishment fee (also referred to as the
establishment fee) must be paid annually by the person who: (1) Owns or
operates, directly or through an affiliate, an animal drug
establishment; (2) is named as the applicant in an animal drug
application or supplemental animal drug application for an animal drug
product submitted for listing under section 510 of the act; (3) had an
animal drug application or supplemental animal drug application pending
at FDA after September 1, 2003; and (4) whose establishment engaged in
the manufacture of the animal drug product during the fiscal year. (See
21 U.S.C. 379j-12(a)(3).) An establishment subject to animal drug
establishment fees is assessed only 1 such fee per fiscal year. (See 21
U.S.C. 379j-12(a)(3).) The term ``animal drug establishment'' is
defined in 21 U.S.C. 379j-11(4). The establishment fees are to be set
so that they will generate $4,862,000 in fee revenue for FY 2011. This
is the amount set out in the statute and no adjustments are required
for FY 2011.

    To set animal drug establishment fees to realize $4,862,000, FDA
must make some assumptions about the number of establishments for which
these fees will be paid in FY 2011. FDA developed data on all animal
drug establishments and matched this to the list of all persons who had
an animal drug application or supplement pending after September 1,
2003. As of July 2010, FDA estimates that there are a total of 65
establishments owned or operated by persons who had an animal drug
application or supplemental animal drug application pending after
September 1, 2003. Based on this, FDA believes that 65 establishments
will be subject to this fee in FY 2011.
    In estimating the fee revenue to be generated by animal drug
establishment fees in FY 2011, FDA is assuming that 10 percent of the
establishments invoiced, or 6.5, will not pay fees in FY 2011 due to
fee waivers and reductions. Based on experience with the first 7 years
of ADUFA, FDA believes that this is a reasonable basis for estimating
the number of fee-paying establishments in FY 2011.
    Accordingly, the agency estimates that a total of 58.5
establishments (65 minus 6.5) will be subject to establishment fees in
FY 2011.

B. Establishment Fee Rates for FY 2011

    FDA must set the fee rates for FY 2011 so that the estimated 58.5
establishments that pay fees will generate a total of $4,862,000. To
generate this amount will require the fee for an animal drug
establishment, rounded to the nearest 50 dollars, to be $83,100.

VII. Sponsor Fee Calculations for FY 2011

A. Sponsor Fee Revenues and Numbers of Fee-Paying Sponsors

    The animal drug sponsor fee (also referred to as the sponsor fee)
must be paid annually by each person who: (1) Is named as the applicant
in an animal drug application, except for an approved application for
which all subject products have been removed from listing under section
510 of the act or has submitted an investigational animal drug
submission that has not been terminated or otherwise rendered inactive;
and (2) had an animal drug application, supplemental animal drug
application, or investigational animal drug submission pending at FDA
after September 1, 2003. (See 21 U.S.C. 379j-11(6) and 379j-12(a)(4).)
An animal drug sponsor is subject to only 1 such fee each fiscal year.
(See 21 U.S.C. 379j-12(a)(4).) The sponsor fees are to be set so that
they will generate $4,862,000 in fee revenue for FY 2011. This is the
amount set out in the statute, and no adjustments are required for FY
2011.
    To set animal drug sponsor fees to realize $4,862,000, FDA must
make some assumptions about the number of sponsors who will pay these
fees in FY 2011. Based on the number of firms that would have met this
definition in each of the past 7 years, FDA estimates that a total of
162 sponsors will meet this definition in FY 2011.
    Careful review indicates that about one third or 33 percent of all
of these sponsors will qualify for minor use/minor species waiver or
reduction (21 U.S.C. 379j-12(d)(1)(C)). Based on the agency's
experience to date with sponsor fees, FDA's current best estimate is
that an additional 20 percent will qualify for other waivers or
reductions, for a total of 53 percent of the sponsors invoiced, or 86,
who will not pay fees in FY 2011 due to fee waivers and reductions. FDA
believes that this is a reasonable basis for estimating the number of
fee-paying sponsors in FY 2011.
    Accordingly, the agency estimates that a total of 76 sponsors (162
minus 86) will be subject to and pay sponsor fees in FY 2011.

B. Sponsor Fee Rates for FY 2011

    FDA must set the fee rates for FY 2011 so that the estimated 76
sponsors that pay fees will generate a total of $4,862,000. To generate
this amount will require the fee for an animal drug sponsor, rounded to
the nearest 50 dollars, to be $64,000.

VIII. Fee Schedule for FY 2011

    The fee rates for FY 2011 are summarized in table 2 of this
document.

                                           Table 2--FY 2011 Fee Rates
----------------------------------------------------------------------------------------------------------------
             Animal Drug User Fee Category                                Fee Rate for FY 2011
----------------------------------------------------------------------------------------------------------------
Animal Drug Application Fees

    Animal Drug Application                                                                             $316,200
----------------------------------------------------------------------------------------------------------------
    Supplemental Animal Drug Application for Which                                                      $158,100
     Safety or Effectiveness Data are Required or
     Animal Drug Application Subject to the Criteria
     Set Forth in Section 512(d)(4) of the Act
----------------------------------------------------------------------------------------------------------------
Animal Drug Product Fee                                                                                $7,235
----------------------------------------------------------------------------------------------------------------
Animal Drug Establishment Fee\1\                                                                         $83,100
----------------------------------------------------------------------------------------------------------------
Animal Drug Sponsor Fee\2\                                                                               $64,000
----------------------------------------------------------------------------------------------------------------
\1\ An animal drug establishment is subject to only one such fee each fiscal year.
\2\ An animal drug sponsor is subject to only one such fee each fiscal year.

IX. Procedures for Paying the FY 2011 Fees

A. Application Fees and Payment Instructions

    The appropriate application fee established in the new fee schedule
must be paid for an animal drug application or supplement subject to
fees under ADUFA that is submitted after September 30, 2010. Payment
must be made in U.S. currency by check, bank draft, or U.S. postal
money order payable to the order of the Food and Drug Administration,
by wire transfer, or electronically using Pay.gov. (The Pay.gov payment
option is available to you after you submit a cover sheet. Click the
``Pay Now'' button.) On your check, bank draft, or U.S. postal money
order, please write your application's unique Payment Identification
Number (PIN), beginning with the letters AD, from the upper right-hand
corner of your completed Animal Drug User Fee Cover Sheet. Also write
the FDA post office box number (P.O. Box 953877) on the enclosed check,
bank draft, or money order. Your payment and a copy of the completed
Animal Drug User Fee Cover

Sheet can be mailed to: Food and Drug Administration, P.O. Box 953877,
St. Louis, MO, 63195-3877.
    If payment is made by wire transfer, send payment to: U.S.
Department of Treasury, TREAS NYC, 33 Liberty St., New York, NY 10045,
FDA Deposit Account Number: 75060099, U.S. Department of Treasury
routing/transit number: 021030004, SWIFT Number: FRNYUS33. You are
responsible for any administrative costs associated with the processing
of a wire transfer. Contact your bank or financial institution
regarding additional fees.
    If you prefer to send a check by a courier such as Federal Express
(FEDEX) or United Parcel Service (UPS), the courier may deliver the
check and printed copy of the cover sheet to: U.S. Bank, Attn:
Government Lockbox 953877, 1005 Convention Plaza, St. Louis, MO 63101.
(Note: This address is for courier delivery only. If you have any
questions concerning courier delivery contact the U.S. Bank at 314-418-
4821. This telephone number is only for questions about courier
delivery.)
    The tax identification number of the Food and Drug Administration
is 530196965. (Note: In no case should the payment for the fee be
submitted to FDA with the application.)
    It is helpful if the fee arrives at the bank at least a day or two
before the application arrives at FDA's CVM. FDA records the official
application receipt date as the later of the following: The date the
application was received by FDA's CVM, or the date U.S. Bank notifies
FDA that your payment in the full amount has been received, or when the
U.S. Treasury notifies FDA of receipt of an electronic or wire transfer
payment. U.S. Bank and the U.S. Treasury are required to notify FDA
within 1 working day, using the PIN described previously.

B. Application Cover Sheet Procedures

    Step One--Create a user account and password. Log on to the ADUFA
Web site at http://www.fda.gov/ForIndustry/UserFees/
AnimalDrugUserFeeActADUFA/default.htm and, under Tools and Resources
click ``The Animal Drug User Fee Cover Sheet'' and then click ``Create
ADUFA User Fee Cover Sheet.'' For security reasons, each firm
submitting an application will be assigned an organization
identification number, and each user will also be required to set up a
user account and password the first time you use this site. Online
instructions will walk you through this process.
    Step Two--Create an Animal Drug User Cover Sheet, transmit it to
FDA, and print a copy. After logging into your account with your user
name and password, complete the steps required to create an Animal Drug
User Fee Cover Sheet. One cover sheet is needed for each animal drug
application or supplement. Once you are satisfied that the data on the
cover sheet is accurate and you have finalized the cover sheet, you
will be able to transmit it electronically to FDA and you will be able
to print a copy of your cover sheet showing your unique PIN.
    Step Three--Send the payment for your application as described in
section IX.A of this document.
    Step Four--Please submit your application and a copy of the
completed Animal Drug User Fee Cover Sheet to the following address:
Food and Drug Administration, Center for Veterinary Medicine, Document
Control Unit (HFV-199), 7500 Standish Pl., Rockville, MD 20855.

C. Product, Establishment, and Sponsor Fees

    By December 31, 2010, FDA will issue invoices and payment
instructions for product, establishment, and sponsor fees for FY 2011
using this Fee Schedule. Payment will be due and payable within 30 days
of issuance of the invoice. FDA will issue invoices in November 2011
for any products, establishments, and sponsors subject to fees for FY
2011 that qualify for fees after the December 2010 billing.

    Dated: July 29, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-19037 Filed 8-2-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Proposed Rules]
[Pages 59295-59298]
[FR Doc No: 2013-23443]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0829; Directorate Identifier 2013-NM-085-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2010-23-
12, which applies to certain Airbus Model A330-201, -202, -203, -223, -
223F, -243, and -243F Airplanes, Model A330-300 series airplanes, and
Model A340-200, A340-300, A340-500, and A340-600 series airplanes. AD
2010-23-12 requires inspecting to determine the part number for Thales
Avionics Angle of Attack (AoA) probes, and replacing any affected probe
with a serviceable probe. Since we issued AD 2010-23-12 we received
reports that the AoA sensors on certain airplanes were modified and re-
identified without performing the inspection to determine the part
number; therefore, the affected probes were not replaced with
serviceable probes. This proposed AD would add airplanes to the
applicability and, for certain airplanes, require those affected probes
be replaced. We are proposing this AD to prevent erroneous AoA
information and consequent delayed activation or non-activation of the
AoA protection systems, which, in combination with flight at a high
angle of attack, could result in reduced controllability of the
airplane.

DATES: We must receive comments on this proposed AD by November 12,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room

W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For Airbus service information identified in this proposed AD,
contact Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email<EMAIL_ADDRESS>Internet
http://www.airbus.com.
    For Thales Avionics service information identified in this proposed
AD, contact Thales--Aerospace Division, 105, avenue du General
Eisenhower--BP 63647, 31036 Toulouse Cedex 1, France; telephone +33
(0)5 61 19 65 00; fax +33 (0)5 61 19 66 00; Internet http://www.thalesgroup.com/aerospace. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0829;
Directorate Identifier 2013-NM-085-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On October 22, 2010, we issued AD 2010-23-12, Amendment 39-16501
(75 FR 68698, November 9, 2010). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2010-23-12, Amendment 39-16501 (75 FR 68698,
November 9, 2010), we received reports that the AoA sensors on certain
airplanes were modified and re-identified without performing the
inspection to determine the part number; therefore, the affected probes
were not replaced with serviceable probes. The European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Community, has issued EASA Airworthiness Directive 2013-
0068, dated March 15, 2013 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for the specified products. The MCAI states:

    During Airbus Final Assembly Line reception flight tests, Angle
of Attack (AoA) data from two different aeroplanes were found
inaccurate, which was confirmed by flight data analysis.
    The results of the investigation conducted by Airbus and Thales
on the removed sensors revealed oil residue between the stator and
the rotor parts of the AoA vane position resolvers. This oil residue
was the result of incorrect removal of machining oil during the
manufacturing process of the AoA resolvers. At low temperatures,
this oil residue becomes viscous (typically in cruise) causing
delayed and/or reduced AoA vane movement. Multiple AoA sensors could
be simultaneously affected, providing incorrect indications of the
AoA of the aeroplane.
    This condition, if not corrected, could lead to erroneous AoA
information and consequent delayed activation or non-activation of
the AoA protection systems which, if during flight at a high angle
of attack, could result in reduced control of the aeroplane.
    To address this unsafe condition, EASA issued AD 2010-0016R1
[(http://ad.easa.europa.eu/blob/easa_ad_2013_0068.pdf/AD_2011-0007R1_1)] [which corresponds to FAA AD 2010-23-12, Amendment 39-
16501 (75 FR 68698, November 9, 2010)] to require the identification
of the serial number (S/N) of each installed Thales Avionics
(formerly SEXTANT), Part Number (P/N) C16291AA AoA sensor and the
replacement of all suspect units with serviceable one. EASA AD 2010-
0016R1 also prohibited the (re) installation of these same S/N AoA
sensors on any aeroplane, unless corrective measures had been
accomplished.
    Since that [EASA] AD was issued, it was discovered that a part
of the affected population of AoA sensors may have been modified and
re-identified from P/N C16291AA to P/N C16291AB, in accordance with
the instructions of Airbus Service Bulletin (SB) A330-34-3228 or SB
A340-34-5070, as applicable to aeroplane type, without having passed
the inspection in accordance with the instructions of Thales
Avionics SB C16291A-34-007, Revision 01.
    For the reasons described above, this new [EASA] AD retains the
requirements of EASA AD 2010-0016R1, which is superseded, [adds
airplanes to the applicability, and requires, for the affected
population that was not addressed by EASA AD 2010-0016R1, the
replacement of the suspect units with serviceable ones.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Thales Avionics has issued Service Bulletin C16291A-34-007,
Revision 04, dated October 11, 2012.
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Change to AD 2010-23-12, Amendment 39-16501 (75 FR 68698, November 9,
2010)

    We have changed paragraph (h) in this proposed AD to clarify the
procedures for replacing the probes.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 70 products of U.S. registry.
    The actions that are required by AD 2010-23-12, Amendment 39-16501
(75

FR 68698, November 9, 2010), and retained in this proposed AD take
about 3 work-hours per product, at an average labor rate of $85 per
work hour. Based on these figures, the estimated cost of the currently
required actions is $255 per product.
    We estimate that it would take about 9 work-hours per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the proposed AD
on U.S. operators to be $53,550, or $765 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the optional terminating action specified in this
proposed AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2010-23-12, Amendment 39-16501 (75 FR 68698, November 9, 2010), and
adding the following new AD:

    Airbus: Docket No. FAA-2013-0829; Directorate Identifier 2013-
NM-085-AD.

(a) Comments Due Date

    We must receive comments by November 12, 2013.

(b) Affected ADs

    This AD supersedes AD 2010-23-12, Amendment 39-16501 (75 FR
68698, November 9, 2010).

(c) Applicability

    (c) This AD applies to Airbus airplanes, certificated in any
category, as identified in paragraphs (c)(1) and (c)(2) of this AD,
    (1) Model A330-201, A330-202, A330-203, A330-223, A330-223F,
A330-243, A330-243F, A330-301, A330-302, A330-303, A330-321, A330-
322, A330-323, A330-341, A330-342, and A330-343 airplanes; all
manufacturer serial numbers.
    (2) Model A340-211, A340-212, A340-213, A340-311, A340-312,
A340-313, A340-541, and A340-642 airplanes; all manufacturer serial
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 34: Navigation.

(e) Reason

    This AD was prompted by reports that the AoA sensors on certain
airplanes were modified and re-identified without performing an
inspection to determine the part number; therefore, probes having
certain part numbers were not replaced with serviceable probes. We
are issuing this AD to prevent erroneous AoA information and
consequent delayed activation or non-activation of the AoA
protection systems, which, in combination with flight at a high
angle of attack, could result in reduced controllability of the
airplane.

(f) Compliance

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

(g) Retained Inspection of AoA Probes

    This paragraph restates the requirements of paragraph (g) of AD
2010-23-12, Amendment 39-16501 (75 FR 68698, November 9, 2010). For
airplanes on which an AoA sensor having part number (P/N) C16291AA
is installed, except as provided by paragraph (k) of this AD: Within
3 months after December 14, 2010 (the effective date of AD 2010-23-
12), perform a detailed inspection of the Thales Avionics AoA probes
having P/N C16291AA for a serial number identification, in
accordance with the Accomplishment Instructions of the applicable
service information identified in paragraphs (g)(1), (g)(2), and
(g)(3) of this AD. A review of airplane maintenance records is
acceptable in lieu of this inspection if the serial number of the
AoA probe can be conclusively determined from that review. If no AoA
probe having P/N C16291AA and a serial number identified in Thales
Service Bulletin C16291A-34-007, Revision 01, dated December 3,
2009, is identified during the inspection required by this paragraph
of this AD, no further action is required by this AD, except for
paragraph (l) of this AD.
    (1) Airbus Mandatory Service Bulletin A330-34-3232, dated
January 20, 2010 (for Model A330-200 and A330-300 series airplanes).
    (2) Airbus Mandatory Service Bulletin A340-34-4239, dated
January 20, 2010 (for Model A340-200 and A340-300 series airplanes).
    (3) Airbus Mandatory Service Bulletin A340-34-5072, dated
January 20, 2010 (for Model A340-500, and A340-600 series
airplanes).

(h) Retained Replacement of Identified AoA Probes

    This paragraph restates the requirements of paragraph (h) of AD
2010-23-12, Amendment 39-16501 (75 FR 68698, November 9, 2010), with
clarified procedures. If the serial number of the AoA probe
identified during the inspection required by paragraph (g) of this
AD corresponds to a suspect AoA probe specified in Thales Service
Bulletin C16291A-34-007, Revision 01, dated December 3, 2009: At the
applicable time specified in paragraph (h)(1) or (h)(2) of this AD,
replace the affected AoA probe with a serviceable AoA probe, in
accordance with one of the four options and associated
Accomplishment Instructions specified in the applicable service
bulletin

identified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
    (1) For airplanes on which Airbus Modification 53368 (back-up
speed scale) has been embodied in production or Airbus Service
Bulletin A330-34-3213, Airbus Service Bulletin A340-34-4213, or
Airbus Service Bulletin A340-34-5060, as applicable, has been
embodied in service: Within 3 months after December 14, 2010 (the
effective date of AD 2010-23-12, Amendment 39-16501 (75 FR 68698,
November 9, 2010)).
    (2) For airplanes on which Airbus Modification 53368 (back-up
speed scale) has not been embodied in production and Airbus Service
Bulletin A330-34-3213, Airbus Service Bulletin A340-34-4213, or
Airbus Service Bulletin A340-34-5060, as applicable, has not been
embodied in service: Within 15 months after December 14, 2010 (the
effective date of AD 2010-23-12, Amendment 39-16501 (75 FR 68698,
November 9, 2010)).

(i) New Replacement of AoA Probes

    For airplanes on which an AoA probe having P/N C16291AA or
C16291AB, with a serial number identified in Thales Service Bulletin
C16291A-34-007, Revision 04, dated October 11, 2012, is installed,
except as provided by paragraph (k) of this AD: Within 6 months
after the effective date of this AD, replace any AoA probe having P/
N C16291AA or C16291AB with a serviceable AoA probe, in accordance
with the Accomplishment Instructions of the applicable service
information identified in paragraphs (g)(1), (g)(2), and (g)(3) of
this AD. A review of airplane maintenance records that demonstrates
that the affected AoA probe has passed the inspection, in accordance
with the Accomplishment Instructions of Thales Service Bulletin
C16291A-34-007, Revision 04, dated October 11, 2012, is acceptable
for compliance with the requirements of this paragraph.

(j) Exception to AD Requirements

    Airplanes on which Airbus Modification 58555 (installation of
AoA sensors with P/N C16291AB) or Airbus Modification 46921
(installation of AoA sensors with P/N 0861ED) has been embodied in
production are not affected by the requirements in paragraphs (g),
(h) and (i) of this AD, provided that no AoA sensor has been
replaced since first flight.

(k) Parts Installation Limitations

    (1) For airplanes on which an AoA sensor having part number (P/
N) C16291AA is installed: As of December 14, 2010 (the effective
date of AD 2010-23-12, Amendment 39-16501 (75 FR 68698, November 9,
2010)) and until the effective date of this AD, no person may
install, on any airplane, a Thales Avionics AoA probe having P/N
C16291AA and a serial number identified in Thales Service Bulletin
C16291A-34-007, Revision 01, dated December 3, 2009, unless the AoA
is fitted with an inspection label stating that Thales Service
Bulletin C16291A-34-007, has been accomplished.
    (2) As of the effective date of this AD, no person may install,
on any airplane, a Thales Avionics AoA probe having P/N C16291AA or
P/N C16291AB and a serial number identified in Thales Service
Bulletin C16291A-34-007, Revision 04, dated October 11, 2012, unless
the AoA is fitted with an inspection label stating that Thales
Service Bulletin C16291A-34-007, has been accomplished.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
Airworthiness Directive 2013-0068, dated March 15, 2013, for related
information, which can be found in the AD docket on the internet at
http://www.regulations.gov.
    (2) For Airbus service information identified in this proposed
AD, contact Airbus SAS--Airworthiness Office--EAL, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (3) For Thales Avionics service information identified in this
proposed AD, contact Thales--Aerospace Division, 105, avenue du
General Eisenhower--BP 63647, 31036 Toulouse Cedex 1, France;
telephone +33 (0)5 61 19 65 00; fax +33 (0)5 61 19 66 00; Internet
http://www.thalesgroup.com/aerospace.
    (4) You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, Washington. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 17, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-23443 Filed 9-25-13; 8:45 am]
BILLING CODE 4910-13-P