[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Proposed Rules]
[Pages 63585-63588]
[FR Doc No: 2019-24707]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0868; Product Identifier 2019-NM-152-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Dassault Aviation Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5,
and 20-F5 airplanes. This proposed AD was prompted by a determination
that new or more restrictive airworthiness limitations are necessary.
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA is

proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 2,
2020.

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 service information identified in this NPRM, contact Dassault
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet https://www.dassaultfalcon.com. 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.

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-2019-
0868; 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 NPRM, the regulatory evaluation, 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: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0868;
Product Identifier 2019-NM-152-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments the agency receives, without change,
to https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the agency receives about this NPRM.

Discussion

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0200R1, dated August 29, 2019 (referred to after this as
the Mandatory Continuing Airworthiness Information, or ``the MCAI''),
to correct an unsafe condition for Dassault Aviation Model MYSTERE-
FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes, except those on which
the Supplemental Structural Inspection Program (SSIP) (Dassault Service
Bulletin 730) has been embodied into the airplane's maintenance
program. You may examine the MCAI in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0868.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary relating to safe
life limits and certification maintenance requirements. The FAA is
proposing this AD to address fatigue cracking, damage, and corrosion in
principal structural elements, which could result in reduced structural
integrity of the airplane. See the MCAI for additional background
information.

Relationship Between Proposed AD and AD 2010-26-05

    This NPRM does not propose to supersede AD 2010-26-05 Amendment 39-
16544 (75 FR 79952, December 21, 2010) (``AD 2010-26-05''). Rather, the
FAA has determined that a stand-alone AD is more appropriate to address
the changes in the MCAI. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations.
Accomplishment of the proposed actions would then terminate paragraph
(g)(1) of AD 2010-26-05 only for Model MYSTERE-FALCON 20-C5, 20-D5, 20-
E5, and 20-F5 airplanes on which the SSIP has not been embodied into
the airplane's existing maintenance or inspection program.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40-00, Airworthiness
Limitations, of the Dassault Falcon 20 Retrofit 731 Maintenance Manual,
Revision 13, dated January 1, 2019. This service information describes
airworthiness limitations for safe life limits and certification
maintenance requirements. 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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(j)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 56 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA has determined that revising the existing 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. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. 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).

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Dassault Aviation: Docket No. FAA-2019-0868; Product Identifier
2019-NM-152-AD.

(a) Comments Due Date

    The FAA must receive comments by January 2, 2020.

(b) Affected ADs

    This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952,
December 21, 2010) (``AD 2010-26-05'').

(c) Applicability

    This AD applies to Dassault Aviation Model MYSTERE-FALCON 20-C5,
20-D5, 20-E5, and 20-F5 airplanes, certificated in any category,
except those on which the Supplemental Structural Inspection Program
(SSIP) (Dassault Service Bulletin 730) has been embodied into the
airplane's existing maintenance or inspection program.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, damage, and corrosion
in principal structural elements, which could result in reduced
structural integrity of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Chapter 5-40-00,
Airworthiness Limitations, of the Dassault Falcon 20 Retrofit 731
Maintenance Manual, Revision 13, dated January 1, 2019. The initial
compliance time for doing the tasks is at the time specified in
Chapter 5-40-00, Airworthiness Limitations, of the Dassault Falcon
20 Retrofit 731 Maintenance Manual, Revision 13, dated January 1,
2019, or within 90 days after the effective date of this AD,
whichever occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (j)(1) of this AD.

(i) Terminating Action for AD 2010-26-05

    Accomplishing the actions required by this AD terminates the
requirements of paragraph (g)(1) of AD 2010-26-05 only for Model
MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes on which the
SSIP has not been embodied into the airplane's existing maintenance
or inspection program.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Union
Aviation Safety Agency (EASA); or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2019-0200R1, dated August 29, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0868.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

    (3) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet https://www.dassaultfalcon.com. 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<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on November 6, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-24707 Filed 11-15-19; 8:45 am]
 BILLING CODE 4910-13-P


16038 Federal Register / Vol. 68, No. 63 / Wednesday, April 2, 2003 / Notices submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency ( 7502C), 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2002   0351. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA., Attention: Docket ID Number OPP   2002   0351. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the registration activity. 7. Make sure to submit your comments by the deadline in this notice. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Registration Applications EPA received an application as follows to register a pesticide product containing an active ingredient involving a changed use pattern pursuant to the provision of section 3( c)( 4) of FIFRA. Notice of receipt of this application does not imply a decision by the Agency on the application.

Product Containing an Active Ingredient Involving a Changed Use Pattern File symbol: 524   LUL. Applicant: Monsanto Company, 700 Chesterfield Parkway North, St. Louis, MO 63198. Product name: YieldGard Plus Corn. Product type: Plant incorporated protectant insecticide. Active ingredients: Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its production ( Vector ZMIR13L) in corn and Bacillus thuringiensis Cry1Ab protein and the genetic material necessary for its production in corn. Proposed classification/ Use: None. YieldGard Plus Corn has claims for protection against leaf and stalk damage caused by lepidopteran insects and root damage caused by corn rootworms ( Diabrotica spp.) The resulting hybrids were developed via conventional breeding techniques by crossing an inbred line of corn containing event MON 810 to an inbred line of corn containing event MON 863.

List of Subjects Environmental protection, Pesticides and pest.

Dated: March 21, 2003. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.

[ FR Doc. 03   7980 Filed 4   1   03; 8: 45am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0146; FRL   7297   6]

Tebuthiuron; Tolerance Reassessment Decisions; Notice of Availability AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the availability of EPA's tolerance reassessment decision and related documents for tebuthiuron including the Tebuthiuron Overview, Tebuthiuron Summary, Tebuthiuron Decision Document ( TRED), and supporting risk assessment documents. EPA has reassessed the 15 tolerances, or legal limits, for residues of tebuthiuron in or on raw agricultural commodities. These tolerances are now considered safe under the Federal Food, Drug, and Cosmetic Act ( FFDCA), as amended by the Food Quality Protection Act ( FQPA) of 1996. DATES: Comments, identified by docket ID number OPP   2002   0146, must be received on or before May 2, 2003. In the absence of substantive comments, the tolerance reassessment decision will be considered final. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions for each method as provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is imperative that you identify docket ID number OPP   2002   0146 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   8025; e mail address: livingston. wilhelmena@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general, but will be of interest to a wide range of stakeholders, including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the use of pesticides. The Agency has not attempted to describe all the persons or entities who may be interested in or affected by this action. If you have VerDate Jan< 31> 2003 15: 59 Apr 01, 2003 Jkt 200001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02APN1. SGM 02APN1 16039 Federal Register / Vol. 68, No. 63 / Wednesday, April 2, 2003 / Notices questions in this regard, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this Document and Other Related Documents? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2002   0146. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page 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. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. 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. EPA's policy is that EPA will not edit your comment, and 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. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2002   0146. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPP   2002   0146. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency ( 7502C), 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2002   0146.

VerDate Jan< 31> 2003 15: 59 Apr 01, 2003 Jkt 200001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02APN1. SGM 02APN1 16040 Federal Register / Vol. 68, No. 63 / Wednesday, April 2, 2003 / Notices 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP   2002   0146. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Handle CBI That I Want to Submit to the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the notice or collection activity. 7. Make sure to submit your comments by the deadline in this document. 8. To ensure proper receipt by EPA, be sure to identify the docket control number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Background A. What Action is the Agency Taking?

This notice constitutes and announces the availability of the TRED for tebuthiuron. This decision has been developed as part of the public participation process that EPA and the U. S. Department of Agriculture ( USDA) are using to involve the public in the reassessment of pesticide tolerances under FFDCA. EPA must review tolerances and tolerance exemptions that were in effect when FQPA was enacted in August 1996, to ensure these existing pesticide residues limits for food and feed commodities meet the safety standard of the new law. FFDCA requires EPA to review all the tolerances for registered chemicals in effect on or before the date of the enactment. In reviewing these tolerances, the Agency must consider, among other things, aggregate risks from non occupational sources of pesticide exposure, whether there is increased susceptibility to infants and children, and the cumulative effects of pesticides with a common mechanism of toxicity. The tolerances are considered reassessed once the safety finding has been made or a revocation occurs. FFDCA requires that the Agency, when considering whether to establish, modify, or revoke a tolerance, consider `` available information'' concerning the cumulative effects of a particular pesticide's residues and `` other substances that have a common mechanism of toxicity.'' As indicated above, the Agency will also evaluate the cumulative risk, if necessary, posed by the entire group of chemicals with which a common mechanism of toxicity is shared, and issues a final tolerance reassessment decision once the cumulative assessment for that group is completed. At this time, tebuthiuron has not been identified as sharing a common mechanism of toxicity and is not scheduled for a cumulative risk assessment. The tolerance reassessment program is being conducted under Congressionally mandated time frames, and EPA recognizes both the need to make timely tolerance decisions and to involve the public. Therefore, EPA is issuing this TRED as a final document with a 30   day comment period. All comments will be considered by the Agency. If any comment significantly affects a TRED, EPA will amend the TRED by publishing the amendment in the Federal Register.

B. What is the Agency's Authority for Taking this Action?

The authority for this TRED is found in section 408( q) of the FFDCA, 21 U. S. C. 346a( q). Section 408( q) requires EPA to review tolerances and exemptions for pesticide chemical residues in effect on August 2, 1996, to determine whether the tolerance or exemption meets the requirements of 408( b)( 2) or ( c)( 2). This review is to be completed by August 3, 2006.

List of Subjects Environmental protection, Chemicals, Pesticides and tolerances.

Dated: March 19, 2003. Lois A. Rossi, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [ FR Doc. 03   7981 Filed 4   1   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0097; FRL   7298   7]

Thiamethoxam; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2003   0097, must be received on or before May 2, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Dani Daniel, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   5409; e mail address: daniel. dani@ epa. gov.

SUPPLEMENTARY INFORMATION:

VerDate Jan< 31> 2003 15: 59 Apr 01, 2003 Jkt 200001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02APN1. SGM 02APN1


[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Notices]
[Pages 28868-28869]
[FR Doc No: 2018-13324]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2018-0006]

Information Collection Requirements for OSHA's Alliance Program;
Submission for Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
obtain OMB approval of the information collection requirements
specified by OSHA's Alliance Program.

DATES: Comments must be submitted (postmarked, sent, or received) by
August 20, 2018.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2018-0006,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2018-0006) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Christie Garner
at the number below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Tom Mockler or Christie Garner,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (see 29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such information with minimum burden
upon employers, especially those operating small businesses, and to
reduce to the maximum extent feasible unnecessary duplication of
efforts in obtaining said information (29 U.S.C. 657).
    OSHA created the Alliance Program in 2002 as a structure for
working with groups that are committed to worker safety and health. The
program enables OSHA to enter into a voluntary, cooperative
relationship at the national, regional, or area office level with
industry, labor, and other groups to improve workplace safety and
health; prevent workplace fatalities, injuries, and illnesses; and
reach employers and workers that OSHA may not otherwise reach through
its traditional methods. These groups include trade or professional
organizations, businesses, unions, consulates, faith- and community-
based organizations, and educational institutions. OSHA and the groups
work together to share workplace safety and health information with
workers and employers, encourage participation in OSHA initiatives,
develop compliance assistance tools and resources, and educate workers
and employers about their rights and responsibilities. Alliance Program
participants do not receive exemptions from OSHA inspections or any
other enforcement benefits.
    OSHA collects information from organizations that are signatories
to an Alliance agreement, known hereafter as ``alliance participants.''
Information is collected from the participants through meetings,
informal conversations, and data forms to develop Alliance agreements,
and to develop annual as well as program-wide reports.
    Alliance participants work with OSHA to develop agreements with
well-defined goals and specific objectives and activities. Agreements
commonly identify specific hazard(s), operations, or other areas of
concern; the targeted segment within the workforce; and the planned
activities to meet the agreement's overarching goals and objectives.
OSHA provides templates for Alliance agreements OSHA uses the
information from the forms (national Alliance) and collaborative data
gathering (Regional and Area Offices) to compile annual reports for
individual Alliances and assess the effectiveness of the individual
Alliance in meeting agreement goals and objectives. OSHA uses aggregate
data from all active Alliances to assess the impact of the program as a
whole in meeting the Agency's strategic plan goals and strategies
related to outreach and communication.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other

technological information collection and transmission techniques.

III. Proposed Actions

    This is an existing collection of information in use without an OMB
number. The proposed ICR includes collection of information
requirements for: (1) Alliance agreement development, (2) the biannual
Alliance Data Reporting Form, and (3) annual reports. The burden hours
for the information collection requirements contained in the proposed
ICR would result in a total initial burden hour estimate of 2,210
hours.
    The Agency will summarize the comments submitted in response to
this notice and will include this summary in the request to OMB to
approve these information collection requirements, and the associated
templates and forms.
    Type of Review: Existing collection in use without an OMB control
number.
    Title: Information Collection Requirements for OSHA's Alliance
Program.
    OMB Control Number: 1218--0NEW.
    Affected Public: Businesses or other for-profits.
    Number of Respondents: 250
    Frequency: Once, On occasion, Semi-annually, Annually.
    Average Time per Response: Various.
    Total Number of Responses: 690.
    Estimated Total Burden Hours: 2,210.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2018-0006). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify electronic comments by
your name, date, and the docket number so the Agency can attach them to
your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as their social security number
and date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office.
    Information on using the http://www.regulations.gov website to
submit comments and access the docket is available at the website's
``User Tips'' link. Contact the OSHA Docket Office for information
about materials not available from the website, and for assistance in
using the internet to locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 (77 FR
3912).

    Signed at Washington, DC, on June 18, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-13324 Filed 6-20-18; 8:45 am]
BILLING CODE 4510-26-P


that would allow an applicant to pass on transaction-related
costs.\190\ Although it would be unnecessary to make any hold harmless
commitment in connection with such a transaction, the applicant would
nonetheless have to demonstrate how the rate schedule precludes passing
on transaction-related costs to customers. Furthermore, if applicants
believe the transaction for which they seek approval provides needed
benefits to customers, they may choose to make such a showing.
---------------------------------------------------------------------------

    \190\ See, e.g., Pub. Serv. Co. of New Mexico, 153 FERC ] 61,377
at P 39 (finding that there was no adverse effect on wholesale
requirements customers because those customers receive service under
long-term, Commission-approved contracts with stated rates whose
terms would not change a result of the proposed transaction and
cannot change absent a filing under FPA section 205 with the
Commission to change those rates).
---------------------------------------------------------------------------

    96. The transactions we identified in the Proposed Policy Statement
(i.e., documented utility needs such as the purchase of an existing
generating plant or transmission facility that is needed to serve the
acquiring company's customers or forecasted load within a public
utility's existing footprint, in compliance with a resource planning
process, or to meet specified NERC standards), were only illustrative,
and not intended to be an all-inclusive list. As a result, we do not
adopt the suggestion by some commenters that the Commission identify
other types of transactions that may not require a hold harmless
commitment. We emphasize that, in all cases, applicants have the burden
of demonstrating that a proposed transaction will have no adverse
effect on rates. A hold harmless commitment or other form of ratepayer
protection is only called for in those instances where an applicant
cannot otherwise meet this burden.
    97. Finally, we note that the Transmission Dependent Utilities
misapprehend the statement in the Proposed Policy Statement regarding
transactions involving acquisitions of existing facilities to fulfill a
NERC reliability standard. Nothing in this Policy Statement requires an
entity to acquire or invest in facilities. Instead, this Policy
Statement states that if an entity acquires a facility to fulfill a
requirement of a NERC reliability standard and it seeks approval under
FPA section 203 for that transaction, the

entity may present evidence that the transaction's effect on rates is
not an adverse effect on rates instead of offering a hold harmless
commitment.

E. Other Issues Raised

1. Comments
    98. EEI states that the Commission's FPA section 203 analysis
already protects customers well.\191\ EEI asserts that the Commission's
current regulations and guidance already ensure that the proper
information to examine and address potential effects on customers and
markets is required to be provided to the Commission.\192\ EEI states
that it appreciates the Commission's goal of providing clarity, but it
encourages modification of the proposal so that any policy the
Commission adopts ``puts use of the commitments in perspective within
the [FPA] section 203 process and is fair and workable.'' \193\ EEI
asserts that the structure of the Proposed Policy Statement does not
clearly identify what the text of the proposed policy is, which it
asserts is essential for readers to understand and comment on the
proposal.\194\ EEI further asserts that given the fundamental changes
it suggested to the Proposed Policy Statement, the Commission should
respond to those suggestions, re-notice the statement and provide a
chance for entities to provide additional feedback.\195\
---------------------------------------------------------------------------

    \191\ EEI Comments at 3
    \192\ Id. at 5.
    \193\ Id. at 6.
    \194\ Id. at 20.
    \195\ Id.
---------------------------------------------------------------------------

    99. EEI and EPSA ask the Commission to clarify that it will not
apply any new requirements set out in this Policy Statement to pending
or previously-approved section 203 transactions, even if there is a
subsequent related FPA section 205 filing.\196\ EEI states that parties
have structured pending or previous transactions based on the then-
applicable review process and it would be ``manifestly unfair'' to
apply new conditions on parties after they have submitted their
applications.\197\ EPSA states that its members and other market
participants seek clarity that any such filings would not be evaluated
against any new requirements or policies implemented in a final Policy
Statement, but under the policies in existence at the time the relevant
transaction was approved.\198\
---------------------------------------------------------------------------

    \196\ Id.; EPSA Comments at 6.
    \197\ EEI Comments at 20.
    \198\ EPSA Comments at 6-7.
---------------------------------------------------------------------------

2. Commission Determination
    100. We will apply all changes contained in this Policy Statement
on a prospective basis, effective 90 days after publication of this
Policy Statement in the Federal Register, for applications submitted on
and after that effective date. The guidance herein does not alter
existing hold harmless commitments accepted by the Commission nor does
it modify hold harmless commitments in applications pending at the time
of issuance of this Policy Statement. Finally, we decline EEI's request
that the Commission refine and reissue the Proposed Policy Statement to
allow for additional feedback. The Policy Statement has incorporated
and addressed suggestions by commenters, clarifies the scope and
definition of the costs that should be subject to hold harmless
commitments, and provides general guidance to be implemented on a case-
by-case basis.

III. Information Collection Statement

    101. The Paperwork Reduction Act (PRA) \199\ requires each federal
agency to seek and obtain Office of Management and Budget (OMB)
approval before undertaking a collection of information directed to ten
or more persons or contained in a rule of general applicability. OMB
regulations require approval of certain information collection
requirements imposed by agency rules.\200\ Upon approval of a
collection(s) of information, OMB will assign an OMB control number and
an expiration date. Respondents subject to the filing requirements of
an agency rule will not be penalized for failing to respond to these
collections of information unless the collections of information
display a valid OMB control numbers. The following table shows the
Commission's estimates for the additional burden and cost,\201\ as
contained in the Policy Statement:
---------------------------------------------------------------------------

    \199\ 44 U.S.C. 3501-3520.
    \200\ See 5 CFR 1320.
    \201\ The hourly cost figures are based on data for salary plus
benefits. The Commission staff thinks that industry is similarly
situated to FERC in terms of the average cost of a full time
employee. Therefore, we are using the 2015 FERC hourly average for
salary plus benefits of $72 per hour.

                                                 Revisions, in the Policy Statement in Docket No. PL15-3
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Number and       Number of
          Requirements               type of      responses per   Total number     Average burden hours & cost per      Total burden hours & total cost
                                   respondents     respondent     of responses                 response
                                            (1)             (2)     (1) * (2) =  (4)................................  (3) * (4)
                                                                            (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-519 (FPA Section 203                    18               1              18  20 hrs.; $1,440....................  360 hrs.; $25,920.
 Filings) \202\.
FERC-516 (FPA Section 205, Rate               1               1         \203\ 1  103.26 hrs.; $7,434.72.............  103.26 hrs.; $7,434.72.
 and Tariff Filings).
FERC-555, Record Retention.....              18               1              18  4 hrs.; $288.......................  72 hrs.; $5,184.
                                ------------------------------------------------------------------------------------------------------------------------
    Total......................  ..............  ..............  ..............  ...................................  535.26 hrs.; $38,538.72.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Title: FERC-519, Application under Federal Power Act Section 203;
FERC-516, Electric Rate Schedules and Tariff Filings; and FERC-555,
Preservation of Records for Public Utilities and Licensees, Natural Gas
and Oil Pipeline Companies.
---------------------------------------------------------------------------

    \202\ Commission staff estimates that, due to the Policy
Statement, 18 of the FPA Section 203 filings will take 20 additional
burden hours. The estimated number of filings is not changing.
    \203\ Commission staff estimates that one FPA section 205 filing
may be made annually subject to the Policy Statement.
---------------------------------------------------------------------------

    Action: Revised Collections of Information.
    OMB Control No: 1902-0082 (FERC-519), 1902-0096 (FERC-516), and
1902-0098 (FERC-555).
    Respondents: Business or other for profit, and not for profit
institutions.
    Frequency of Responses: As needed and ongoing.
    Necessity of the Information: To protect ratepayers and to mitigate
possible adverse effects on rates that may result from mergers or
certain other transactions that are subject to section

203 of the FPA, we propose clarifications and additional information
collection requirements related to hold harmless commitments offered by
applicants.
    Internal review: The Commission has reviewed the changes included
in the Policy Statement and has determined that the additional
reporting and recordkeeping requirements are necessary.
    Interested persons may obtain information on the reporting
requirements by contacting: Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426 [Attention: Ellen Brown, Office
of the Executive Director, email<EMAIL_ADDRESS>Phone: (202)
502-8663, fax:<PHONE_NUMBER>].

IV. Document Availability

    102. In addition to publishing the full text of this document in
the Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5:00
p.m. Eastern time) at 888 First Street NE., Room 2A, Washington DC
20426.
    103. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    104. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
    By the Commission.

    Issued: May 19, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-12426 Filed 5-25-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Proposed Rules]
[Pages 76495-76497]
[FR Doc No: 2020-26249]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1036; Project Identifier MCAI-2020-01430-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, AS
365 N3, EC 155B, and EC155B1 helicopters. This proposed AD was prompted
by the FAA's determination that to improve the process and performance
in collecting metal particles in the main gear box (MGB) certain
existing magnetic plugs (electrical and non-electrical) installed in
the MGB pump intake must be replaced with improved non-electrical
magnetic plugs. This proposed AD would require replacing the existing
magnetic plug with an improved non-electrical magnetic plug, as
specified in a European Aviation Safety Agency (now European Union
Aviation Safety Agency) (EASA) AD, which is proposed for incorporation
by reference. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 14,
2021.

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 that will be incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1036.

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-2020-
1036; 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 NPRM, 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: Mahmood Shah, Aviation Safety
Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2020-1036; Project Identifier
MCAI-2020-01430-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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 proposal.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Mahmood Shah, Aviation Safety Engineer, Fort Worth ACO Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Any commentary that the FAA receives that
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0176, dated August 21, 2018
(EASA AD 2018-0176) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, AS
365 N3, EC 155B, and EC155B1 helicopters.
    This proposed AD was prompted by the FAA's determination that to
improve the process and performance in collecting metal particles in
the MGB certain existing magnetic plugs (electrical and non-electrical)
installed in the MGB pump intake should be replaced with improved non-
electrical magnetic plugs. The FAA is proposing this AD to address
metal particles causing seizure of the MGB, loss of power to the main
rotor, and subsequent loss of control of the helicopter. See the MCAI
for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0176 describes procedures for replacing the existing
magnetic plug (electrical and non-electrical) installed in the MGB pump
intake with an improved non-electrical magnetic plug. This material 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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2018-0176, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2018-0176
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2018-0176 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2018-0176 that is required for compliance with EASA AD 2018-
0176 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-1036 after the FAA
final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 52 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per  product        Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 7.5 work-hours x $85 per hour =                $55  Up to $692.50.............  Up to $36,010.
 $637.50.
----------------------------------------------------------------------------------------------------------------

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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Helicopters: Docket No. FAA-2020-1036; Project Identifier
MCAI-2020-01430-R.

(a) Comments Due Date

    The FAA must receive comments by January 14, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model SA-365N, SA-365N1,
AS-365N2, AS 365 N3, EC 155B, and EC155B1 helicopters, certificated
in any category, equipped with magnetic plugs, part number (P/N)
1B7807 or P/N 704A34543017 (electrical), or P/N 365A32-1711-00 (non-
electrical), as applicable, installed in the main gearbox (MGB) pump
intake.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6320, Main Rotor
Gearbox.

(e) Reason

    This AD was prompted by the FAA's determination that to improve
the process and performance in collecting metal particles in MGB
certain existing magnetic plugs (electrical and non-electrical)
installed in the MGB pump intake must be replaced with improved non-
electrical magnetic plugs. The FAA is issuing this AD to address
metal particles causing seizure of the MGB, loss of power to the
main rotor, and subsequent loss of control of the helicopter.

(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, European Aviation Safety Agency (now European Union
Aviation Safety Agency) (EASA) AD 2018-0176, dated August 21, 2018
(EASA AD 2018-0176).

(h) Exceptions to EASA AD 2018-0176

    (1) Where EASA AD 2018-0176 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0176 does not apply
to this AD.
    (3) Although the service information referenced in EASA AD 2018-
0176 specifies to discard certain parts, this AD does not include
that requirement.
    (4) Where EASA AD 2018-0176 refers to flight hours (FH), this AD
requires using hours time-in-service.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
helicopter can be modified (if the operator elects to do so),
provided the helicopter is operated using day visual flight rules
and no passengers are onboard.

(j) Alternative Methods of Compliance (AMOCs):

    The Manager, Rotorcraft Standards Branch, FAA, may approve AMOCs
for this AD. Send your proposal to: Manager, Rotorcraft Standards
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
817-222-5110; email<EMAIL_ADDRESS>
(k) Related Information

    (1) For EASA AD 2018-0176, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. This material may be found in the AD docket
on the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-1036.
    (2) For more information about this AD, contact Mahmood Shah,
Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
    Issued on November 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-26249 Filed 11-27-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Notices]
[Pages 32009-32011]
[FR Doc No: 2014-12769]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72266; File No. SR-OCC-2014-10]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Require That Intraday Margin Be Collected and Margin Assets Not Be
Withdrawn When a Clearing Member's Reasonably Anticipated Settlement
Obligations to OCC Would Exceed the Liquidity Resources Available to
OCC To Satisfy Such Settlement Obligations

May 28, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 19, 2014, The Options Clearing Corporation (``OCC'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III below, which Items have
been prepared by OCC. OCC filed the proposal pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(1) thereunder \4\ so that
the proposal was effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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)(1).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    This proposed rule change by OCC would amend OCC's Rules to require
(rather than continue to permit as a discretionary determination) that
intraday margin be collected and margin assets not be withdrawn when a
clearing member's reasonably anticipated settlement obligations to OCC
would exceed the liquidity resources available to OCC to satisfy such
settlement obligations.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.

(A) Clearing Agency'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 modify existing OCC
Rules 608 and 609 (collectively, the ``Rules''), which address the
withdrawal of margin and deposit of intra-day margin, respectively.
More specifically, OCC is proposing to modify these Rules to require
that intraday margin be collected and to preclude margin assets from
being withdrawn, to the extent that a clearing member's reasonably
anticipated settlement obligations to OCC would exceed the liquidity
resources available to OCC to satisfy such settlement obligations (a
``Liquidity Situation'').
    OCC Rule 608 (``Rule 608'') already permits OCC to prohibit margin
withdrawals in a Liquidity Situation, and OCC Rule 609 (``Rule 609'')
already permits OCC to require the collection of intraday margin in a
Liquidity Situation. In 2012,\5\ OCC adopted an interpretation under
each of the Rules to put clearing members on notice that OCC may refuse
a margin withdrawal request or request additional intra-day margin
where a clearing member's future settlement obligations could result in
a need for liquidity in excess of liquidity resources available to OCC.
In adopting the interpretations, OCC made it clear that such action
might be taken even though OCC has made no adverse determination as to
the financial condition of the clearing member,\6\ the market risk of
the clearing member's positions, or the adequacy of the clearing
member's total overall margin deposit in the accounts in question.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 68308 (November 28,
2012), 77 FR 71848 (December 4, 2012) (SR-OCC-2012-21).
    \6\ Id at 71849.
---------------------------------------------------------------------------

    OCC further identified that a circumstance in which OCC might
desire to reject a margin withdrawal request or make an intra-day
margin call to ensure it had sufficient liquidity concerned the
``unwinding'' of a ``box spread'' position. A box spread position
involves a combination of two long and two short options on the same
underlying interest with the same expiration date that results in an
amount to be paid or received upon settlement that is fixed regardless
of fluctuations in the price of the underlying interest. Box spreads
can be used as financing transactions, and they may require very large
fixed payments upon expiration. In this situation, if much of the
margin deposited by the relevant clearing member is in the form of
common stock and if the clearing member failed to make the settlement
payment, the available liquidity resources might be insufficient to
cover the settlement obligation. In anticipation of this settlement,
OCC might therefore require the clearing member to deposit intra-day
margin in the form of cash, or reject a requested withdrawal of cash or
U.S. Government securities, so that liquidity resources would be
sufficient to cover the clearing member's obligations. Under the
adopted interpretations, OCC would always include margin assets of the
relevant clearing member in the form of cash in determining available
liquidity resources and could, in its discretion, consider the amount
of margin assets in the form of highly liquid U.S. Government
securities and/or the amount that OCC would be able to borrow on short
order.
    Since the adoption of these interpretations, OCC has effected
margin calls and precluded clearing members from withdrawing liquid
forms of margin assets in three instances, each of which involved the
``unwind'' of a box

spread.\7\ In two instances, the affected clearing member had
sufficient ``liquid'' forms of margin (i.e., cash and cash equivalents)
already on deposit with OCC to meet the applicable intraday margin
calls.\8\ However, in the third instance, the affected clearing member
did not have a sufficient amount of liquid forms of margin on deposit
with OCC and was required to make a margin deposit in the form of
cash.\9\ In all of the instances, the amount of margin that OCC
prohibited from being withdrawn was less than thirty percent of the
affected clearing member's total margin deposit at OCC.
---------------------------------------------------------------------------

    \7\ With respect to each of the three instances, there were
several different dates on which OCC made an intraday margin call
and prohibited the withdrawal of margin assets. Moreover, and with
respect to the intraday margin calls, OCC required the clearing
member to deposit additional cash, or cash equivalents, so that the
clearing member's anticipated settlement obligation less OCC's
liquid financial resources equaled the amount of the clearing
member's cash, or cash equivalent, margin on deposit at OCC on the
day the intraday margin call was made. In this context, OCC only
considers letters of credit to be cash equivalents.
    \8\ It is not uncommon for clearing members to deposit with OCC
amounts in excess of their margin requirement.
    \9\ With respect to the one instance, there were several
different dates when OCC required the deposit of additional intra-
day margin.
---------------------------------------------------------------------------

    While the current rule authority has achieved its intended purpose,
going forward, and for the protection of its clearing members and the
public, OCC believes it should make the margin withdrawal prohibition
and the intra-day collection of margin mandatory, not discretionary, in
a Liquidity Situation. Moreover, making these actions mandatory in a
Liquidity Situation would create greater certainty that OCC's liquidity
resources, under such circumstances, would be sufficient to cover the
clearing member's settlement obligations.
    Accordingly, the proposed changes to Rules 608 and 609 would make
OCC's application of the withdrawal restriction and intraday margin
collection requirement non-discretionary in a Liquidity Situation.
Additional amendments to Interpretation & Policy .02 to Rule 608 and
Interpretation & Policy .01 to Rule 609 are designed to remove any
references suggesting that the margin withdrawal restriction or
intraday margin collection requirement, respectively, is discretionary.
    OCC has already provided its clearing members with notification
concerning the proposed rule change. In addition, OCC individually
contacted the clearing members that OCC identified to be most affected
by the proposed rule change. No concerns were raised.
2. Statutory Basis
    OCC believes the proposed rule change is consistent with Section
17A(b)(3)(F) of the Act,\10\ and the rules and regulations thereunder,
including Rule 17Ad-22(b)(3),\11\ because the proposed rule change
provides for the safeguarding of securities and funds in the custody
and control of OCC for which it is responsible as well as ensuring that
OCC maintains sufficient liquid financial resources to withstand the
default of a clearing member to which it has the largest exposure in
extreme, but plausible, market conditions. The proposed change will
enhance OCC's margin policies by making certain intra-day margin calls
and certain prohibitions of margin withdrawals mandatory rather than
discretionary, thereby strengthening OCC's risk management process as
its relates to OCC's access to financial resources with minimal delay
in the event of clearing member default (including the default of the
clearing member to which OCC has the largest exposure) in extreme, but
plausible, market conditions. Improving OCC's available liquid
financial resources enhances OCC's financial stability and,
consequently, reduces systemic risk within the financial system as a
whole. Additionally, making the margin withdrawal restriction and
intraday margin collection requirements mandatory, rather than applied
only at OCC's discretion, furthers the goal of Rule 17Ad-22(d)(1) \12\
by ensuring that OCC will maintain written policies and procedures that
provide for a well-founded, transparent, and enforceable legal
framework for its activities. The proposed rule change is not
inconsistent with the existing rules of OCC, including any other rules
proposed to be amended.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1(b)(3)(F).
    \11\ 17 CFR 240.17Ad-22(b)(3).
    \12\ 17 CFR 240.17Ad-22(d)(1).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose a
burden on competition.\13\ This proposed rule change affects OCC
clearing members and OCC believes that the proposed rule change would
not disadvantage or favor any particular clearing member in
relationship to another clearing member because the non-discretionary
margin collection requirements and margin withdrawal restrictions will
be applied equally to every clearing member in a Liquidity Situation.
Accordingly, the proposed rule change will not impose any burden on
competition.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    Written comments on the proposed rule change were not and are not
intended to be solicited with respect to the proposed rule change and
none have been received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and paragraph (f)(1) of Rule 19b-4
thereunder.\15\ 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.\16\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(1).
    \16\ Notwithstanding the foregoing, implementation of this rule
change will be delayed until this rule change is deemed certified
under CFTC Regulation Sec.  40.6.
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2014-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2014-10. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of OCC and on OCC's Web site
(http://www.theocc.com/about/publications/bylaws.jsp). 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-OCC-2014-10 and should be
submitted on or before June 24, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-12769 Filed 6-2-14; 8:45 am]
BILLING CODE 8011-01-P