[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68266-68269]
[FR Doc No: 2019-26844]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87697; File No. SR-FICC-2019-005]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving a Proposed Rule Change To Require Confirmation of
Cybersecurity Program

December 9, 2019.

I. Introduction

    On October 15, 2019, FICC Clearing Corporation (``FICC'') 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\ proposed rule change SR-

FICC-2019-005. The proposed rule change was published for comment in
the Federal Register on October 30, 2019.\3\ The Commission did not
receive any comment letters on the proposed rule change. For the
reasons discussed below, the Commission is approving the proposed rule
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 87394 (October 24,
2019), 84 FR 58194 (October 30, 2019) (SR-FICC-2019-005)
(``Notice'').
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II. Description of the Proposed Rule Change

    FICC proposes to modify its Government Securities Division
(``GSD'') Rulebook (``GSD Rules''), Mortgage-Backed Securities Division
(``MBSD'') Clearing Rules (``MBSD Rules''), and the Electronic Pool
Notification (``EPN'') Rules of MBSD (``EPN Rules,'' and, together with
the GSD Rules and the MBSD Rules, the ``Rules'') \4\ in order to (1)
define the term ``Cybersecurity Confirmation'' as a written
representation that addresses a submitting entity's cybersecurity
program (described more fully below); and (2) require FICC's members
and applicants for membership to submit to FICC a Cybersecurity
Confirmation (both as part of an initial application for membership,
and on an ongoing basis for members, at least every two years).
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    \4\ Capitalized terms not defined herein are defined in the
Rules, available at http://www.dtcc.com/legal/rules-and-procedures.
References to ``members'' in this Order include the participants of
GSD and MBSD, including GSD Netting Members, GSD Comparison-Only
Members, GSD Sponsoring Members, GSD CCIT Members, GSD Funds-Only
Settling Bank Members, MBSD Clearing Members, MBSD Cash Settling
Bank Members, and MBSD EPN Users as such terms are defined in the
respective Rules.
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A. Background

    FICC plays a prominent role in the fixed income markets as the sole
clearing agency in the United States acting as a central counterparty
and provider of significant clearance and settlement services for cash
settled U.S. treasury and agency securities and the non-private label
mortgage-backed securities markets.\5\ In light of FICC's critical role
in the marketplace, FICC was designated a Systemically Important
Financial Market Utility (``SIFMU'') under Title VIII of the Dodd-Frank
Wall Street Reform and Consumer Protection Act of 2010.\6\ Due to
FICC's unique position in the marketplace, a failure or a disruption to
FICC could, among other things, increase the risk of significant
liquidity problems spreading among financial institutions or markets,
and thereby threaten the stability of the financial system in the
United States.\7\
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    \5\ See Financial Stability Oversight Counsel 2012 Annual
Report, Appendix A (``FSOC 2012 Report''), available at http://www.treasury.gov/initiatives/fsoc/Documents/2012%20Annual%20Report.pdf.
    \6\ 12 U.S.C. 5465(e)(1). See FSOC 2012 Report, supra note 5.
    \7\ See FSOC 2012 Report, supra note 5.
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    FICC's members connect to FICC, either through the Securely Managed
and Reliable Technology (``SMART'') network or through other electronic
means, such as a third party service provider, service bureau, network,
or the internet. The SMART network is a technology managed by FICC's
parent company, The Depository Trust & Clearing Corporation (``DTCC''),
that connects a nationwide complex of networks, processing centers, and
control facilities. Currently, FICC does not require its members or
applicants for membership to represent that they maintain a
cybersecurity program as a condition for connecting to FICC via the
SMART network or other means.
    FICC states that many of its members and applicants for membership
may currently be subject to regulations that are designed, in part, to
protect against cyberattacks.\8\ Accordingly, such entities would
currently be required to follow standards established by national or
international organizations focused on information security management,
and they would currently maintain protocols for their senior management
to verify the existence of cybersecurity programs sufficient to meet
regulatory obligations. FICC further believes that some of its members
and applicants for membership might also currently follow protocols
substantially similar to the regulations referred to earlier in this
paragraph in order to meet the evolving cybersecurity expectations of
regulators and/or their own institutional customers.\9\
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    \8\ For example, depending on the type of entity, FICC states
that its members may be subject to one or more of the following
regulations: (1) Regulation S-ID, which requires ``financial
institutions'' or ``creditors'' under the rule to adopt programs to
identify and address the risk of identity theft of individuals (17
CFR 248.201-202); (2) Regulation S-P, which requires broker-dealers,
investment companies, and investment advisers to adopt written
policies and procedures that address administrative, technical, and
physical safeguards for the protection of customer records and
information (17 CFR 248.1-30); and (3) Rule 15c3-5 under the Act,
known as the ``Market Access Rule,'' which requires broker-dealers
to establish, document, and maintain a system for regularly
reviewing the effectiveness of its management controls and
supervisory procedures (17 CFR 240.15c3-5). Notice, supra note 3, at
58195.
    \9\ Id.
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    Although FICC believes that its members and applicants for
membership may currently maintain robust cybersecurity programs, FICC
seeks to better ensure the protection of its network by requiring its
members and applicants for membership to confirm that they are meeting
certain cybersecurity standards in order to connect to FICC via the
SMART network or other means. Therefore, FICC proposes to require all
members and applicants for membership to submit a written Cybersecurity
Confirmation that includes specific representations regarding the
submitting entity's cybersecurity program and framework. FICC states
that the information contained in the Cybersecurity Confirmation would
help FICC to better understand the cybersecurity programs and
frameworks of entities seeking to connect to FICC, and thereby identify
possible cyber risk exposures.\10\ As a result, FICC would be better
able to establish appropriate controls to mitigate such risks and their
possible impacts on FICC's operations.
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    \10\ Notice, supra note 3, at 58194-95.
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B. Proposed Changes

    FICC proposes to modify its Rules to: (1) Provide a detailed
definition of the Cybersecurity Confirmation; and (2) require FICC's
members and applicants for membership to submit to FICC a Cybersecurity
Confirmation (both as part of an initial application for membership,
and on an ongoing basis for members, at least every two years). Each of
these proposed rule changes is described in greater detail below.
1. Cybersecurity Confirmation
    FICC proposes to define the term ``Cybersecurity Confirmation'' to
mean a written form, in a format provided by FICC and signed by the
submitting entity's designated senior executive with the authority to
attest to the cybersecurity matters contained in the form.\11\ The form
would contain specific representations regarding the submitting
entity's cybersecurity program and framework. Such representations
would cover the two years prior to the date of the most recently
provided Cybersecurity Confirmation. The Cybersecurity Confirmation
would include the following representations:
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    \11\ Notice, supra note 3, at 58195. See also FICC Cybersecurity
Confirmation Form, submitted as Exhibit 3 to SR-FICC-2019-005,
available at https://www.sec.gov/rules/sro/ficc/2019/34-87394-ex3.pdf.
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     The submitting entity has defined and maintains a
comprehensive cybersecurity program and framework that considers
potential cyber threats that impact the submitting entity's
organization, and protects the confidentiality, integrity, and
availability requirements of its systems and information.
     The submitting entity has implemented and maintains a
written

enterprise cybersecurity policy or policies approved by the submitting
entity's senior management or board of directors, and the submitting
entity's cybersecurity framework is in alignment with standard industry
best practices and guidelines.\12\
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    \12\ Examples of recognized frameworks, guidelines and standards
that FICC believes are adequate include the Financial Services
Sector Coordinating Council Cybersecurity Profile, the National
Institute of Standards and Technology Cybersecurity Framework
(``NIST CSF''), International Organization for Standardization
(``ISO'') standard 27001/27002 (``ISO 27001''), Federal Financial
Institutions Examination Council (``FFIEC'') Cybersecurity
Assessment Tool, Critical Security Controls Top 20, and Control
Objectives for Information and Related Technologies. FICC would
identify recognized frameworks, guidelines and standards in the form
of Cybersecurity Confirmation and in an Important Notice that FICC
would issue from time to time. FICC would also consider accepting
other standards upon request. Notice, supra note 3, at 58195.
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     If the submitting entity uses a third party service
provider or service bureau(s) to connect or transact business or to
manage the connection with FICC, the submitting entity has an
appropriate program to evaluate the cyber risks and impact of these
third parties and to review the third party assurance reports.
     The submitting entity's cybersecurity program and
framework protects the segment of its system that connects to and/or
interacts with FICC.
     The submitting entity has in place an established process
to remediate cyber issues identified to meet its regulatory and/or
statutory requirements.
     The submitting entity periodically updates the risk
processes of its cybersecurity program and framework based on a risk
assessment or changes to technology, business, threat ecosystem, and/or
regulatory environment.
     The submitting entity's cybersecurity program and
framework has been reviewed by one of the following: (1) The submitting
entity, if it has filed and maintains a current Certification of
Compliance with the Superintendent of the New York State Department of
Financial Services confirming compliance with its Cybersecurity
Requirements for Financial Services Companies; \13\ (2) a regulator who
assesses the submitting entity's cybersecurity program and framework
against an industry cybersecurity framework or industry standard,
including those that are listed on the Cybersecurity Confirmation form
and in an Important Notice that is issued by FICC from time to time;
\14\ (3) an independent external entity with cybersecurity domain
expertise in relevant industry standards and practices, including those
that are listed on the Cybersecurity Confirmation form and in an
Important Notice that is issued by FICC from time to time; \15\ or (4)
an independent internal audit function reporting directly to the
submitting entity's board of directors or designated board of directors
committee, such that the findings of that review are shared with these
governance bodies.
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    \13\ 23 N.Y. Comp. Codes R. & Regs. tit. 23, Sec.  500 et seq.
(2017). FICC states that this regulation requires entities to
confirm that they have comprehensive cybersecurity programs as
described in the regulation, and FICC believes this regime is
sufficient to meet the objectives of the proposed Cybersecurity
Confirmation. Notice, supra note 3, at 58196.
    \14\ FICC states that current industry cybersecurity frameworks
and industry standards could include, for example, the Office of the
Comptroller of the Currency or the FFIEC Cybersecurity Assessment
Tool. FICC would identify acceptable industry cybersecurity
frameworks and standards in the Cybersecurity Confirmation form and
in an Important Notice that FICC would issue from time to time. FICC
would also consider accepting other industry cybersecurity
frameworks and standards upon request. Notice, supra note 3, at
58196.
    \15\ FICC states that a third party with cybersecurity domain
expertise is one that follows and understands applicable industry
standards, practices, and regulations, such as ISO 27001
certification or NIST CSF assessment. FICC would identify acceptable
industry standards and practices in the Cybersecurity Confirmation
form and in an Important Notice that FICC would issue from time to
time. FICC would also consider accepting other industry standards
and practices upon request. Notice, supra note 3, at 58196.
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    FICC states that it designed the representations in the
Cybersecurity Confirmation to provide information on how each
submitting entity manages cybersecurity with respect to its
connectivity to FICC.\16\ FICC believes that by requiring these
representations from members and applicants for membership, the
proposed Cybersecurity Confirmation would provide useful information
designed to enable FICC to make informed decisions about risks or
threats, perform additional monitoring, target potential
vulnerabilities, and otherwise protect the FICC network.\17\
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    \16\ Notice, supra note 3, at 58196.
    \17\ Id.
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2. Initial and Ongoing Membership Requirement
    FICC proposes to require new applicants for FICC membership to
submit a Cybersecurity Confirmation as part of their application
materials. FICC also proposes to require all FICC members to submit a
Cybersecurity Confirmation at least every two years. With respect to
the requirement to submit a Cybersecurity Confirmation at least every
two years, FICC would provide all members with notice of the date on
which the Cybersecurity Confirmation would be due no later than 180
calendar days prior to the due date.

C. Implementation Timeframe

    The proposed rule change would be effective upon Commission
approval. New applicants for FICC membership would be required to
submit a Cybersecurity Confirmation as part of their application
materials. The requirement to submit a Cybersecurity Confirmation would
also apply to applicants whose applications are pending with FICC at
the time the Commission approves the proposed rule change. For existing
FICC members, FICC would provide notice of the due date to submit a
Cybersecurity Confirmation, not later than 180 days prior to the due
date. Finally, FICC would provide such notice to its members at least
every two years going forward.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \18\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and rules and regulations thereunder applicable
to such organization. After carefully considering the proposed rule
change, the Commission finds that the proposed rule change is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to FICC. In particular, the
Commission finds that the proposed rule change is consistent with
Section 17A(b)(3)(F) of the Act,\19\ and Rules 17Ad-22(e)(17)(i) and
(e)(17)(ii) promulgated under the Act,\20\ for the reasons described
below.
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    \18\ 15 U.S.C. 78s(b)(2)(C).
    \19\ 15 U.S.C. 78q-1(b)(3)(F).
    \20\ 17 CFR 240.17Ad-22(e)(17)(i) and (e)(17)(ii).
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A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires that the rules of a
clearing agency be designed to, among other things, promote the prompt
and accurate clearance and settlement of securities transactions and
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible.\21\
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    \21\ 15 U.S.C. 78q-1(b)(3)(F).
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    As described above, FICC proposes to require its members and
applicants for membership to submit a Cybersecurity Confirmation,
confirming the existence

and nature of their cybersecurity programs. The Cybersecurity
Confirmations should provide FICC with useful information regarding the
cybersecurity programs of the submitting entities. By conditioning an
entity's connectivity to FICC via the SMART network or other means on
the submission of a Cybersecurity Confirmation, FICC should be better
enabled to reduce the cyber risks of electronically connecting to
entities that have not confirmed the existence and nature of their
cybersecurity programs. Accordingly, the proposed Cybersecurity
Confirmation requirement should provide FICC with information to better
identify its exposure to cyber risks and to take steps to mitigate
those risks.
    If not adequately addressed, the risk of cyberattacks and other
cyber vulnerabilities could affect FICC's network and FICC's ability to
clear and settle securities transactions, or to safeguard the
securities and funds which are in FICC's custody or control, or for
which it is responsible. The proposed Cybersecurity Confirmation
requirement is a tool designed to address those risks as described
above. Therefore, the Commission finds the proposed Cybersecurity
Confirmation requirement would promote the prompt and accurate
clearance and settlement of securities transactions and assure the
safeguarding of securities and funds which are in the custody or
control of FICC or for which it is responsible, consistent with the
requirements of Section 17A(b)(3)(F) of the Act.\22\
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    \22\ Id.
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B. Consistency With Rule 17Ad-22(e)(17)(i) Under the Act

    Rule 17Ad-22(e)(17)(i) under the Act requires that each covered
clearing agency establish, implement, maintain and enforce written
policies and procedures reasonably designed to manage the covered
clearing agency's operational risks by identifying the plausible
sources of operational risk, both internal and external, and mitigating
their impact through the use of appropriate systems, policies,
procedures, and controls.\23\ FICC's operational risks include
protecting its electronic systems from cyber risks.
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    \23\ 17 CFR 240.17Ad-22(e)(17)(i).
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    As described above, entities connect electronically to FICC via the
SMART network or other means. The proposed Cybersecurity Confirmation
requirement should reduce cyber risks to FICC by requiring members and
applicants for membership to confirm that they have defined and
maintain cybersecurity programs and frameworks that meet standard
industry best practices and guidelines. The representations in each
submitting entity's Cybersecurity Confirmation would provide
information that should help FICC to mitigate its exposure to cyber
risks, and thereby decrease the operational risks presented to FICC by
its connections to such entities. Thus, the proposed Cybersecurity
Confirmations should enable FICC to better identify potential sources
of external operational risks and mitigate the possible impacts of
those risks. Because the proposed changes would help FICC identify and
mitigate plausible sources of external operational risk, the Commission
finds the proposed changes are consistent with the requirements of Rule
17Ad-22(e)(17)(i) under the Act.\24\
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    \24\ Id.
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C. Consistency With Rule 17Ad-22(e)(17)(ii) Under the Act

    Rule 17Ad-22(e)(17)(ii) under the Act requires that each covered
clearing agency establish, implement, maintain and enforce written
policies and procedures reasonably designed to manage the covered
clearing agency's operational risks by ensuring, in part, that systems
have a high degree of security, resiliency, and operational
reliability.\25\ As noted above, FICC's operational risks include
protecting its electronic systems from cyber risks.
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    \25\ 17 CFR 240.17Ad-22(e)(17)(ii).
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    Although FICC believes that its members and applicants for
membership may currently maintain robust cybersecurity programs, FICC
currently does not require those entities to represent that they
maintain a cybersecurity program as a condition for connecting to FICC
via the SMART network or other means. FICC designed the proposed
Cybersecurity Confirmation requirement to reduce cyber risks by
requiring its members and applicants for membership to confirm that
they have defined and maintain cybersecurity programs and frameworks
that meet standard industry best practices and guidelines. The
representations in each submitting entity's Cybersecurity Confirmation
would provide more security for FICC's SMART network and other systems
by providing FICC with information designed to help manage its cyber-
related operational risks, which in turn, would enable FICC to take
steps necessary to strengthen the security of its network to mitigate
those risks. Since the proposal would enhance FICC's ability to ensure
that its systems have a high degree of security, resiliency, and
operational reliability, the Commission finds the proposed changes are
consistent with the requirements of Rule 17Ad-22(e)(17)(ii) under the
Act.\26\
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    \26\ Id.
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act
and, in particular, with the requirements of Section 17A of the Act
\27\ and the rules and regulations promulgated thereunder.
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    \27\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\28\ that proposed rule change SR-FICC-2019-005, be, and hereby is,
APPROVED.\29\
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    \28\ 15 U.S.C. 78s(b)(2).
    \29\ In approving the proposed rule change, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
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    \30\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-26844 Filed 12-12-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 12, 2007 (Volume 72, Number 47)]
[Notices]
[Page 11011-11012]
[DOCID:fr12mr07-73]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-326-000]

Kern River Gas Transmission Company; Notice of Proposed Changes
in FERC Gas Tariff

March 6, 2007.
    Take notice that on March 1, 2007, Kern River Gas Transmission
Company (Kern River) tendered for filing as part of its FERC Gas
Tariff, Volume No. 1, the following tariff sheets, to become effective
April 1, 2007:

Second Revised Eighteenth Revised Sheet No. 5
Second Revised Fourteenth Revised Sheet No. 5-A
Second Revised Sixteenth Revised Sheet No. 6

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.

    This filing is accessible on-line at http://www.ferc.gov, using the

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

TTY, call<PHONE_NUMBER>.

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-4388 Filed 3-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 15950-15952]
[FR Doc No: 2018-07717]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0260]
RIN 1625-AA00

Safety Zone; Cumberland River, Canton, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a one-half mile of the US 68/KY 80 Lake Barkley
Bridge--Henry R. Lawrence Memorial Bridge in Canton, KY. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the demolition of the
bridge. Entry of vessels or persons into this zone is prohibited unless
authorized by the Captain of the Port Sector Ohio Valley or a
designated representative.

DATES: This rule is effective without actual notice from April 13, 2018
through 6 a.m. on April 14, 2018. For the purposes of enforcement,
actual notice will be used from 6 a.m. on April 11, 2018 through April
13, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0260 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joseph Stranc, Marine Safety Unit Paducah
Waterways Division, U.S. Coast Guard; telephone<PHONE_NUMBER> ext. 2124,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable. On March
21, 2018, the Coast Guard was notified of the need for bridge
demolition operations on the Cumberland River. This safety zone must be
established by April 11, 2018 and we lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing this rule. The NPRM process would delay the establishment of
the safety zone until after the dates of the bridge demolition and
compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is needed to ensure safety of persons and
vessels during the bridge demolition.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with bridge demolition beginning on
April 11, 2018 will be a safety concern for anyone within a one-half
mile radius of the bridge. The purpose of this rule is to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the bridge is being demolished.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6 a.m. on April 11, 2018
through 6 a.m. on April 14, 2018. The safety zone will cover all
navigable waters of the Cumberland River between miles 62.6 and 63.6.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters while the bridge is
being demolished. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. They may be contacted via VHF-FM marine channel 16 or
by telephone at<PHONE_NUMBER>. If permission is granted, all persons and
vessels shall comply with the instructions of the COTP or a designated
representative. The COTP or a designated representative will inform the
public through Broadcast Notices to Mariners (BNMs) via VHF-FM marine
channel 16 about the enforcement period for the safety zone, as well as
any changes in the dates and times of enforcement.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the zone. This rule establishes a temporary
safety zone, limiting access to a one-mile section of the Cumberland
River, miles 62.6 to 63.6, during bridge demolition and clean-up
operations occurring over a 3-day period.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting three days that will prohibit entry within one-
mile stretch of the Cumberland River. It is categorically excluded from
further review under paragraph L 60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0260 to read as follows:

Sec.  165.T08-0260   Safety Zone; Cumberland River, Canton, KY.

    (a) Location. The following area is a safety zone: all navigable
waters of the Cumberland River between miles 62.6 and 63.6, extending
the entire width of the river.
    (b) Enforcement period. This section will be enforced from 6 a.m.
on April 11, 2018 through 6 a.m. on April 14, 2018, or until the bridge
demolition operation and cleanup of the main

navigable channel is complete, whichever occurs first.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port Sector Ohio Valley (COTP) or a designated
representative.
    (2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted via VHF-FM marine channel 16 or
by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs) of the enforcement period for this safety zone as well
as any changes in the dates and times of enforcement.

    Dated: April 9, 2018.
M.B. Zamperini
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-07717 Filed 4-12-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 12930-12931]
[FR Doc No: 2023-04163]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0140; FRL-10756-01-OGC]

Proposed Consent Decree, Clean Water Act and Administrative
Procedure Act Claims

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with the Environmental Protection Agency (EPA)
Administrator's March 18, 2022, memorandum regarding ``Consent Decrees
and Settlement Agreements to resolve Environmental Claims Against the
Agency,'' notice is hereby given of a proposed consent decree in Cape
Fear River Watch et al., v. United States Environmental Protection
Agency, No. 1:22-cv-03809 (D. D.C). On December 23, 2022, Plaintiffs
Cape Fear River Watch, Rural Empowerment Association for Community
Help, Waterkeepers Chesapeake, Waterkeeper Alliance, Humane Society of
the United States, Food & Water Watch, Environment America, Comite
Civico del Valle, Center for Biological Diversity, and Animal Legal
Defense Fund (collectively, ``Plaintiffs'') filed a complaint against
the EPA alleging that the Agency had failed to perform duties mandated
by the Clean Water Act (``CWA'') to revise the effluent limitations
guidelines (``ELGs'') and promulgate pretreatment standards for the
Meat and Poultry Products (``MPP'') industrial category, after EPA had
determined that such revised ELGs and standards were appropriate. EPA
seeks public input on a proposed consent decree prior to its final
decision-making with regard to potential settlement of the litigation.

DATES: Written comments on the proposed consent decree must be received
by March 31, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0140 online at https://www.regulations.gov (EPA's preferred
method). Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
number for this action. Comments received may be posted without change
to https://www.regulations.gov, including any personal information
provided. For detailed instructions on sending comments, see the
``Additional Information About Commenting on the Proposed Consent
Decree'' heading under the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Pooja Parikh, Water Law Office, Office
of General Counsel, U.S. Environmental Protection Agency; telephone:
(202) 564-0839; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    In September 2021 (86 FR 51155, September 14, 2021), EPA published
its preliminary effluent guidelines plan 15 and solicited comment on
it, pursuant to CWA section 304(m). For the Meat and Poultry Products
industrial category, the preliminary plan indicated that revision of
the ELG and promulgation of pretreatment standards may be appropriate,
and that EPA was initiating a rulemaking for this category.
    In December 2022, Plaintiffs filed a complaint alleging that EPA's
failure to

revise ELGs and to promulgate pretreatment standards for the MPP
category constituted failures to act by statutory deadlines in
violation of the CWA and Administrative Procedures Act (``APA'').
    Although EPA was in the process of conducting the MPP rulemaking,
EPA had not publicly announced any specific timeline for completion.
The parties initiated settlement discussions, which ultimately produced
the proposed consent decree. Under the consent decree, EPA would have
obligations to sign a notice of proposed rulemaking by December 13,
2023, and to sign a decision taking final action by August 31, 2025.
The consent decree's schedule is based on EPA's projected timeline for
completing the rulemaking. These deadlines may be extended by the court
only upon written finding of good cause.
    For a period of thirty (30) days following the date of publication
of this notice, EPA will accept written comments relating to the
proposed consent decree from persons who are not parties to the
litigation. EPA also may hold a public hearing on whether to enter into
the proposed consent decree. EPA or the Department of Justice may
withdraw or withhold consent to the proposed consent decree if the
comments received disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the CWA or APA.

II. Additional Information About Commenting on the Proposed Consent
Decree.

A. How can I get a copy of the proposed consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2023-0140) contains a copy of the Proposed Order. The
official public docket is available for public viewing at the Office of
Environmental Information (OEI) Docket in the EPA Docket Center, EPA
West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the OEI Docket is<PHONE_NUMBER>.
    The electronic version of the public docket for this action
contains a copy of the Proposed Order and is available through https://www.regulations.gov. You may use https://www.regulations.gov to submit
or view public comments, access the index listing of the contents of
the official public docket, and access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search.''

B. How and to whom do I submit comments?

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2023-
0140 via https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from this docket. EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment. This ensures that you
can be identified as the submitter of the comment and allows EPA to
contact you in case EPA cannot read your comment due to technical
difficulties or needs further information on the substance of your
comment. Any identifying or contact information provided in the body of
a comment will be included as part of the comment that is placed in the
official public docket and made available in EPA's electronic public
docket. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.
    Use of the https://www.regulations.gov website to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.

Steven M. Neugeboren,
Associate General Counsel.
[FR Doc. 2023-04163 Filed 2-28-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Rules and Regulations]
[Pages 33623-33627]
[FR Doc No: 2022-11962]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0597; Project Identifier MCAI-2022-00638-T;
Amendment 39-22074; AD 2022-11-51]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.; Embraer S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. (Type Certificate previously held by Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.) Model ERJ 170-
200 STD, ERJ 170-200 LR, ERJ 170-200 SU, and ERJ 170-200 LL airplanes.
This AD was prompted by a report of an in-flight detachment of a right-
hand wing tip and the subsequent determination that cracks could
develop on the wing tip connection area that can affect its structural
integrity to the point of an in-flight detachment. This AD requires a
detailed inspection for cracks of the affected wing tip connections,
corrective action if necessary, and revision of the existing
maintenance or inspection program, as specified in an Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is
incorporated by reference. The FAA previously sent an emergency AD to
all known U.S. owners and operators of these airplanes. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective on June 21, 2022. Emergency AD 2022-11-51,
issued on May 13, 2022, which contained the requirements of this
amendment, was effective with actual notice.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 21,
2022.
    The FAA must receive comments on this AD by July 18, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr.
Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--
Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-
6600; email [email protected]; internet www.anac.gov.br/en/. You may find
this IBR material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0597.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0597; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the mandatory continuing airworthiness information
(MCAI), any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0597; Project Identifier MCAI-
2022-00638-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

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 AD 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 AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Krista
Greer, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary that
the FAA receives that is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Background

    The FAA issued Emergency AD 2022-11-51, dated May 13, 2022 (the
emergency AD), to address an unsafe condition on Embraer S.A. Model ERJ
170-200 STD, ERJ 170-200 LR, ERJ 170-200 SU, and ERJ 170-200 LL
airplanes. The FAA sent the emergency AD to all known U.S. owners and
operators of these airplanes. The emergency AD requires a detailed
inspection for cracks of the affected wing tip connections, corrective
action if cracks are found, and revision of the existing maintenance or
inspection program to include a revised threshold and interval for a
certain airworthiness limitations task.
    The emergency AD was prompted by Emergency AD 2022-05-02, effective
May 13, 2022 (ANAC Emergency AD 2022-05-02) (also referred to after
this as the Mandatory Continuing Airworthiness Information, or the
MCAI), issued by ANAC, which is the aviation authority for Brazil, to
correct the unsafe condition for certain Embraer S.A. Model ERJ 170-200
STD, ERJ 170-200 LR, ERJ 170-200 SU, and ERJ 170-200 LL airplanes. ANAC
Emergency AD 2022-05-02 was prompted by a report of an in-flight
detachment of a right-hand wing tip. Subsequently it was determined
that cracks could develop on the wing tip connection area that can
affect its structural integrity to the point of an in-flight
detachment. This condition, if not addressed, even if sufficient
controllability of the airplane is maintained for the safe continuation
of the flight, could result in the

detached part damaging other airplane parts and affecting
controllability, as well as damaging property and injuring persons on
the ground.
    See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    ANAC Emergency AD 2022-05-02 specifies procedures for a detailed
inspection for cracks of the affected wing tip connections, corrective
action including rework of the wing spar 1 or repair/modification of
the wingtip spar 1, and revision of the existing maintenance or
inspection program to include a revised threshold and interval for a
certain airworthiness limitations task. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in ANAC
Emergency AD 2022-05-02 described previously, except for any
differences identified as exceptions in the regulatory text of this AD
and except as discussed under ``Difference Between this AD and the
MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
ANAC Emergency AD 2022-05-02 is incorporated by reference in this AD.
This AD requires compliance with ANAC Emergency AD 2022-05-02 in its
entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in ANAC Emergency AD 2022-05-02 does not mean that operators need
comply only with that section. For example, where the AD refers to
required actions and compliance, compliance with these AD requirements
is not limited to the section titled ``Required Action'' or
``Compliance'' in ANAC Emergency AD 2022-05-02. Service information
required by ANAC Emergency AD 2022-05-02 for compliance will be
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0597 after this AD is published.

Difference Between This AD and the MCAI

    This AD requires all operators to revise the existing maintenance
or inspection program, as applicable, to include a reduced threshold
and interval for a certain airworthiness limitations task. The MCAI
does not require this action for airplanes with less than 7,500 flight
hours after installation of an affected part number.

Interim Action

    The FAA considers this AD interim action. The inspection reports
that are required by this AD will enable the manufacturer to obtain
better insight into the nature, cause, and extent of the cracking, and
eventually to develop final action to address the unsafe condition.
Once final action has been identified, the FAA might consider further
rulemaking.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of
Emergency AD 2022-11-51 issued on May 13, 2022, to all known U.S.
owners and operators of these airplanes. The FAA found that the risk to
the flying public justified waiving notice and comment prior to
adoption of this rule because cracks on the wing tip connection area
can affect its structural integrity to the point of an in-flight
detachment. Even if sufficient controllability of the airplane is
maintained for the safe continuation of the flight, this condition
could result in the detached part damaging other airplane parts and
affecting controllability, as well as damaging property and injuring
persons on the ground. These conditions still exist, and the AD is
hereby published in the Federal Register as an amendment to 14 CFR
39.13 to make it effective to all persons. Given the significance of
the risk presented by this unsafe condition, it must be immediately
addressed. Accordingly, notice and opportunity for prior public comment
are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making this amendment effective in less
than 30 days, for the same reasons the FAA found good cause to forgo
notice and comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 115 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspections.......................  6 work-hours x $85 per                 $0             $510          $58,650
                                     hour = $510.
----------------------------------------------------------------------------------------------------------------

    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
FAA recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
FAA estimates the total cost per operator to be $7,650 (90 work-hours x
$85 per work-hour).
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the
inspections. The FAA has no way of determining the number of aircraft
that might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Reporting..................................  1 work-hour x $85 per hour = $85...              $0             $85
Wing spar 1 rework (per side)..............  49 work-hours x $85 per hour =                2,212           6,377
                                              $4,165.
Wingtip spar 1 repair/modification (per      111 work-hours x $85 per hour =              16,949          26,384
 side).                                       $9,435.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2022-11-51 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22074; Docket No. FAA-2022-0597; Project
Identifier MCAI-2022-00638-T.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2022-11-51
on May 13, 2022, directly to affected owners and operators. As a
result of such actual notice, the emergency AD was effective for
those owners and operators on the date it was provided. This AD
contains the same requirements as that emergency AD and, for those
who did not receive actual notice, is effective on June 21, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. (Type Certificate previously
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.) Model ERJ 170-200 STD, ERJ 170-200 LR, ERJ 170-200 SU,
and ERJ 170-200 LL airplanes, certificated in any category, as
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) Emergency AD 2022-05-02, effective May 13, 2022 (ANAC
Emergency AD 2022-05-02).

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wing
structure.

(e) Unsafe Condition

    This AD was prompted by a report of an in-flight detachment of a
right-hand wing tip. Subsequently it was determined that cracks
could develop on the wing tip connection area that can affect its
structural integrity to the point of an in-flight detachment. The
FAA is issuing this AD to address this condition, which, even if
sufficient controllability of the airplane is maintained for the
safe continuation of the flight, could result in the detached part
damaging other airplane parts and affecting controllability, as well
as damaging property and injuring persons on the ground.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, ANAC Emergency AD 2022-05-02.

(h) Exceptions to ANAC Emergency AD 2022-05-02

    (1) Where ANAC Emergency AD 2022-05-02 refers to its effective
date, this AD requires using the effective date of this AD.
    (2) For the first column heading of table 1--``Compliance
Times'' of ANAC Emergency AD 2022-05-02, replace ``Flight Hours (FH)
accumulated from installation of affected PN'' with ``Flight Hours
(FH) accumulated from installation of affected PN as of the
effective date of this (FAA) AD.''
    (3) Where table 1--``Compliance Times'' of ANAC Emergency AD
2022-05-02 specifies flight hours of ``19.800 or greater,'' for this
AD use flight hours of ``19.800 or greater.''
    (4) Where paragraphs (a)(i) and (a)(ii) of ANAC Emergency AD
2022-05-02 specify correcting ``discrepancies,'' this AD defines a
discrepancy as a crack.
    (5) The inspections and corrective actions specified in
paragraphs (a)(i) and (a)(ii) of ANAC Emergency AD 2022-05-02 must
be done using the service information specified in paragraphs (a)(i)
and (a)(ii) of ANAC Emergency AD 2022-05-02.
    (6) Where paragraph (a)(iii) of ANAC Emergency AD 2022-05-02
specifies to ``Modify task 57-30-002-0002 of the Airworthiness
Limitations Section, on MRB 1621, APPENDIX A--PART 2--AIRWORTHINESS
LIMITATION INSPECTIONS (ALI)--STRUCTURES, to revise its compliance
interval'' at the times in table 1--``Compliance Times'' of ANAC
Emergency AD 2022-05-02, this AD requires revising the existing
maintenance or inspection program, as applicable, within 30 days
after the effective date of this AD to incorporate the information
specified in table 2--``Airworthiness Limitations Section Updates''
of ANAC Emergency AD 2022-05-02; except do not include the
information in the ``Current Threshold/Interval'' column. The
initial compliance time for the airworthiness limitations task is
within 1,000 flight hours after accomplishment of the tasks
specified in paragraphs (a)(i) and (a)(ii) of ANAC Emergency AD
2022-05-02; except, for airplanes that have accumulated 7,499 flight
hours or less from installation of an affected part number, as
defined in ANAC Emergency AD 2022-05-02, the initial compliance time
is before the accumulation of 10,000 flight hours from installation
of the affected part number.
    (7) Paragraph (b) of ANAC Emergency AD 2022-05-02 specifies to
report crack findings to Embraer and ANAC within a certain
compliance time. For this AD, report crack findings at the
applicable time specified in paragraph (h)(7)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 36 hours after accomplishment of
the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 36 hours after the effective date
of this AD.
    (8) The ``Alternative method of compliance (AMOC)'' section of
ANAC Emergency AD 2022-05-02 does not apply to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.

(j) Related Information

    For more information about this AD, contact Krista Greer,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
Emergency AD 2022-05-02, effective May 13, 2022.
    (ii) [Reserved]
    (3) For ANAC Emergency AD 2022-05-02, contact ANAC, Aeronautical
Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend
Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18,
Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute]
dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email:
[email protected]; internet www.anac.gov.br/en/. You may find this IBR
material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 26, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-11962 Filed 6-2-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Notices]
[Page 54925-54926]
[DOCID:fr09se10-121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62815; File No. SR-ISE-2010-86]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Amending Rules 413 and 2006

September 1, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 23, 2010, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (the ``SEC'' or the ``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the Exchange. The Exchange has filed the proposal
as a ``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend ISE Rules 413 (Exemptions from
Position Limits) and 2006 (Exemptions from Position Limits) to enable
Exchange members to rely on position limit exemptions granted by other
options exchanges. The text of the proposed rule change is available on
the Exchange's Web site http://www.ise.com, at the principal office of
the Exchange, on the Commission's Web site at http://www.sec.gov, 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 self-regulatory organization 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 purpose of the proposed rule change is to amend ISE Rules 413
and 2006 to enable Exchange members to rely on position limit
exemptions granted by other options exchanges under specified
circumstances. This proposed rule change is based on similar rules of
The NASDAQ Stock Market LLC (``Nasdaq''), NASDAQ OMX PHLX (``Phlx'')
and NYSE Arca.\5\
---------------------------------------------------------------------------

    \5\ See Rules of the Nasdaq Options Market (``NOM'') Chapter
III, Section 8 and Chapter XIV, Section 8; Phlx 1001 and 1001A; and
NYSE Arca 5.17 and 6.8.
---------------------------------------------------------------------------

    ISE Rule 413 governs position limit exemptions for equity options
and ISE Rule 2006 governs position limit exemptions for index options.
These rules include a number of position limit exemptions available to
Exchange members. Rules 413 and 2006, however, do not have a provision
that recognizes position limit exemptions that are granted to Exchange
members by other option exchanges, as provided for in NOM, Phlx and
NYSE Arca rules. In light of the desirability to have similar position
limit standards, the Exchange proposes to add a similar an exemption to
both Rule 413 and Rule 2006.
    Specifically, the Exchange proposes to add a new subsection to both
ISE Rule 413 and Rule 2006 to address position limit exemptions granted
by other options exchanges. This proposed addition will provide that an
Exchange member may rely upon any valid exemption from applicable
position limits that has been granted by another options exchange for
any options contract traded on ISE, provided that such Exchange member
provides the Exchange either with a copy of any written exemption
issued by another options exchange or with a written description of any
exemption issued by another options exchange that is not in writing,
where such description contains sufficient detail for Exchange to
verify the validity of that exemption with the issuing options
exchange. In addition, such Exchange member must fulfill all conditions
precedent for such exemption and comply at all times with the
requirements of such exemption with respect to trading on the Exchange.
    The Exchange notes that position limits tend to be similar across
options exchanges, which is desirable in light of cross option exchange
membership(s) and multiple listing and trading of similar product(s) on
different exchanges. Because Exchange members frequently have
membership and/or trading privileges on other options exchanges, it is
important that ad hoc position limit exemptions granted by other
options exchanges (``exemption grants'') are available to Exchange
members to the extent that such exemption grants are reduced to writing
and verifiable by the Exchange.
    These new proposed rules do not give the Exchange the ability to
alter the scope of these exemptions but only to recognize the exemption
so that the position limit process would be the same across the
exchanges.
    For example, an Exchange member may go to another options exchange
of which it is a member, such as the NYSE Arca or NOM to request a
position limit exemption (exemption grant) for option contracts in the
SPDRs (SPY). The other exchange provides the exemption grant until
expiration in the same month to this particular firm for this
particular issue (SPY). Should the same Exchange member want to trade
SPY on the ISE to the extent of the exemption grant, the Exchange's
proposed rule change would allow it to do so, but only to the extent
that the firm provides the Exchange with a copy of the written
exemption grant provided by the issuing exchange or, if the exemption
is not in writing, to the extent that said Exchange member provides the
Exchange with sufficient detail for Exchange regulatory staff to be
able to verify the validity of the exemption grant with the issuing
options exchange.\6\
---------------------------------------------------------------------------

    \6\ Additionally, the Exchange member would have to fulfill all
conditions precedent for such exemption grant and comply with the
requirements of such exemption with respect to trading on the
Exchange.
---------------------------------------------------------------------------

    The Exchange believes that by adding uniformity and predictability
to the position limit process, the proposed rule change should be
beneficial to the Exchange members, and their customers. Moreover, the
proposed rule change should promote competition by allowing trades
across options exchanges that are similar in respect of position
limits.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \7\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \8\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
and to promote just and equitable principles of

trade, to remove impediments to and perfect the mechanism of a free and
open market and a national market system, and, in general to protect
investors and the public interest, by allowing the Exchange to have
uniform position limit procedures.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f (b).
    \8\ 15 U.S.C. 78f (b)(5).
---------------------------------------------------------------------------

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6)
thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\11\
However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that the proposal may
become operative immediately upon filing, thereby giving the Exchange a
position limit process that can recognize exemptions granted by other
exchanges. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest because such waiver will afford Exchange members the benefit
of the proposal--the ability to rely on exemptions granted by other
exchanges, when appropriately documented--without unnecessary delay.
For this reason, the Commission designates the proposed rule change as
operative under upon filing.\13\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this requirement.
    \12\ Id.
    \13\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

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-ISE-2010-86 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2010-86. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 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 ISE. 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-ISE-2010-86 and should be
submitted on or before September 30, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-22443 Filed 9-8-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Notices]
[Pages 37808-37809]
[FR Doc No: 2013-15026]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0681; FRL 9532-8]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Commercial and Industrial Solid
Waste Incineration Units (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NSPS for Commercial and
Industrial Solid Waste Incineration Units (40 CFR Part 60, Subpart
CCCC) (Renewal)'' (EPA ICR No. 1926.06, OMB Control No. 2060-0450) to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
This is a proposed extension of the ICR, which is currently approved
through June 30, 2013. Public comments were previously requested via
the Federal Register (77 FR 63813) on October 17, 2012, during a 60-day
comment period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. 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 OMB control number.

DATES: Additional comments may be submitted on or before July 24, 2013.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2012-0681, to: (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The affected entities are subject to the General
Provisions of the NSPS at 40 CFR part 60, subpart A, and any changes,
or additions to the Provisions specified at 40 CFR part 60, subpart
CCCC. Owners or operators of the affected facilities must submit an
initial notification, performance tests, and periodic reports and
results. Owners or operators are also required to maintain records of
the occurrence and duration of any startup, shutdown, or malfunction in
the operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Form Numbers: None.
    Respondents/affected entities: Owners or operators of commercial
and industrial solid waste incineration units.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart CCCC).
    Estimated number of respondents: 30 (total).
    Frequency of response: Initially, occasionally, semiannually and
annually.
    Total estimated burden: 5,965 hours (per year). ``Burden'' is
defined at 5 CFR 1320.3(b).
    Total estimated cost: $959,788 (per year), includes $382,200
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase in the Agency costs
from the most recently approved ICR due to an increase in labor rates.
This ICR uses updated labor rates in calculating all burden costs.
    Additionally, when compared to the previous ICR, there is a
decrease in respondent burden and an increase in the total O&M costs.
The previous ICR included contractor labor costs associated with
initial emissions testing and annual stack testing under Table 1,
Annual Respondent Burden and Cost. Since the contractor labor costs
apply solely to capital/startup and O&M activities, we have revised the
ICR to reflect contractor labor costs under their respective capital/
startup and O&M activities, and also have updated the associated
contractor labor burden rate.
    There is also a decrease in capital/startup costs in this ICR as
new sources will become subject to the 2013 standards and will not have
burden

associated with capital/startup under this NSPS.

Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. 2013-15026 Filed 6-21-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Notices]
[Pages 24721-24722]
[FR Doc No: 2012-9968]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

The 15th Annual Food and Drug Administration--Orange County
Regulatory Affairs Educational Conference in Irvine, CA; ``Sustainable
Regulatory Practices''

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of conference.

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    The Food and Drug Administration (FDA) is announcing the following
conference: The 15th Annual Educational Conference cosponsored with the
Orange County Regulatory Affairs Discussion Group (OCRA). The
conference is intended to provide the drug, device, biologics, and
dietary supplement industries with an opportunity to interact with FDA
reviewers and compliance officers from the Centers and District
Offices, as well as other industry experts. The main focus of this
interactive conference will be product approval, compliance, and risk
management in the three medical product areas. Industry speakers,
interactive Q & A, and workshop sessions will also be included to
assure open exchange and dialogue on the relevant regulatory issues.
    Date and Time: The conference will be held on June 6 and 7, 2012,
from 7:30 a.m. to 5 p.m.
    Location: The conference will be held at the Irvine Marriott, 18000
Von Karman Ave., Irvine, CA 92612.
    Contact: Linda Hartley, Food and Drug Administration, 19701
Fairchild, Irvine, CA 92612,<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, or OCRA,
Attention to Detail, 5319 University Dr., suite 641, Irvine, CA 92612,
949-387-9046, Fax:<PHONE_NUMBER>, Web site: www.ocra-dg.org. (FDA has
verified the Web site address, but FDA is not responsible for any
subsequent changes to the Web site after this document publishes in the
Federal Register).
    Registration and Meeting Information: See OCRA Web site, www.ocra-dg.org. Contact Attention to Detail,<PHONE_NUMBER>.
    Before May 8, 2012, registration fees are as follows: $675 for
members, $725 for non-members and $475 for FDA/Government/Students.\1\
After May 8, 2012, fees will be $725 for members, $775 for non-members,
and $475 for

FDA/Government/Students.\2\ There will also be a 1-day rate of $425 for
OCRA members and $475 for non-members.
---------------------------------------------------------------------------

    \1\ OCRA Student Rate applies to those individuals enrolled full
time in a Regulatory or Quality related academic program at an
accredited institution. Proof of enrollment is required.
    \2\ See footnote 1.
---------------------------------------------------------------------------

    The registration fee will cover actual expenses, including
refreshments, lunch, materials, parking, and speaker expenses.
    If you need special accommodations due to a disability, please
contact Linda Hartley (see Contact) at least 10 days before the
conference.

    Dated: April 20, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-9968 Filed 4-24-12; 8:45 am]
BILLING CODE 4160-01-P