[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65801-65803]
[FR Doc No: 2012-26185]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0642; Directorate Identifier 2011-NM-262-AD;
Amendment 39-17232; AD 2012-21-16]
RIN 2120-AA64

Airworthiness Directives; BAE SYSTEMS (OPERATIONS) LIMITED
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 series airplanes and
Model Avro 146-RJ series airplanes. This AD was prompted by hydraulic
pipe ruptures in the center of the cabin resulting in passengers being
contaminated with hydraulic fluid. This AD requires installing a
hydraulic fluid containment system. We are issuing this AD to prevent
harmful or hazardous concentrations of hydraulic fluid or hydraulic
vapor from entering the passenger compartment, possibly resulting in
injury to the passengers.

DATES: This AD becomes effective December 5, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 5,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 21, 2012 (77 FR
37340). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:

    Cases of hydraulic pipe ruptures in the centre of the cabin of
BAe 146 aeroplanes have been reported, which have resulted in the
passengers being contaminated with hydraulic fluid. The results of
the investigations have shown that the pipe failures were caused by
a combination of seam welded pipes, bends in the pipe runs with
small bend radii and fatigue damage due to pressure variations.
    This condition, if not corrected, could lead to harmful or
hazardous concentrations of hydraulic fluid or hydraulic vapour
entering the passenger compartment, possibly resulting in injury to
the occupants.
    For the reasons described above, this [European Aviation Safety
Agency] AD requires the installation of a flexible envelope around
the hydraulic pipe group where the failures have occurred to capture
and contain any fluid escaping from a burst pipe and channel it
below floor level into the forward cargo bay.

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

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request for Exclusion of Airtankers

    Neptune Aviation Services requested a change in the text of
paragraph (c) ``Applicability,'' of the NPRM (77 FR 37340, June 21,
2012) to include an ``exemption'' for an airplane operated as an
``airtanker,'' which does not carry passengers.
    We partially agree with the request to change the text in paragraph
(c) of this AD. We disagree with using the term ``airtanker''; however,
we have revised

paragraph (c) to include an exception for airplanes in a non-passenger
configuration.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously, except for minor editorial
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 37340, June 21, 2012) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 37340, June 21, 2012).

Costs of Compliance

    We estimate that this AD will affect 1 product of U.S. registry. We
also estimate that it will take about 8 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $5,079 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $5,759.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 37340, June 21, 2012),
the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

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 AD:

2012-21-16 BAE Systems (Operations) Limited: Amendment 39-17232.
Docket No. FAA-2012-0642; Directorate Identifier 2011-NM-262-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 5,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BAE SYSTEMS (OPERATIONS) LIMITED Model BAe
146-100A, -200A, and -300A airplanes, and Model Avro 146-RJ70A, 146-
RJ85A, and 146-RJ100A airplanes; certificated in any category;
except for airplanes operating in a cargo or non-passenger
configuration. The requirements of this AD become applicable at the
time an airplane operating in a cargo or non-passenger configuration
is converted to a passenger configuration.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
power.

(e) Reason

    This AD was prompted by hydraulic pipe ruptures in the center of
the cabin resulting in passengers being contaminated with hydraulic
fluid. We are issuing this AD to prevent harmful or hazardous
concentrations of hydraulic fluid or hydraulic vapor from entering
the passenger compartment, possibly resulting in injury to the
passengers.

(f) Compliance

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

(g) Actions

    Within 4,000 flight hours or 24 months after the effective date
of this AD, whichever occurs first, install the hydraulic fluid
containment system, in accordance with the Accomplishment
Instructions of BAE SYSTEMS (OPERATIONS) LIMITED Modification
Service Bulletin SB.29-048-30676A, Revision 2, dated December 23,
2010.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the service bulletin specified in
paragraph (h)(1) or (h)(2) of this AD.
    (1) BAE SYSTEMS (OPERATIONS) LIMITED Modification Service
Bulletin SB.29-048-30676A, dated October 18, 2010 (which is not
incorporated by reference in this AD).
    (2) BAE SYSTEMS (OPERATIONS) LIMITED Modification Service
Bulletin SB.29-048-30676A, Revision 1, dated November 5, 2010 (which
is not incorporated by reference in this AD).

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly

to the International Branch, send it to ATTN: Todd Thompson,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(j) Related Information

    (1) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0220, dated November 11, 2011; and BAE SYSTEMS
(OPERATIONS) LIMITED Modification Service Bulletin SB.29-048-30676A,
Revision 2, dated December 23, 2010; for related information.
    (2) For service information identified in this AD, contact BAE
SYSTEMS (OPERATIONS) LIMITED, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
<EMAIL_ADDRESS>Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.

(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 the AD specifies otherwise.
    (i) BAE SYSTEMS (OPERATIONS) LIMITED Modification Service
Bulletin SB.29-048-30676A, Revision 2, dated December 23, 2010.
    (ii) Reserved.
    (3) For service information identified in this AD, contact BAE
SYSTEMS (OPERATIONS) LIMITED, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
<EMAIL_ADDRESS>Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 14, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-26185 Filed 10-30-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 74000-74001]
[FR Doc No: 2012-29947]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0533; FRL-9525-3]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Phosphate Fertilizer
Industry (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before January 11,
2013.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2012-0533, to: (1) EPA online, using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On August 9, 2012 (77 FR 47631), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to both EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2012-0533, which is available for either public
viewing online at http://www.regulations.gov, or in person viewing at
the Enforcement and Compliance Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Avenue 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 Reading Room is<PHONE_NUMBER>, and the
telephone number for the Enforcement and Compliance Docket is (202)
566-1752.
    Use EPA's electronic docket and comment system at http://www.regulations.gov to either submit or view public comments, access
the index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidentiality of Business Information (CBI), or
other information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: NSPS for Phosphate Fertilizer Industry (Renewal).
    ICR Numbers: EPA ICR Number 1061.12, OMB Control Number 2060-0037.
    ICR Status: This ICR is scheduled to expire on January 31, 2013.
Under OMB regulations, the Agency may continue to either conduct or
sponsor the collection of information while this submission is pending
at OMB.
    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, subparts T, U,
V, W and X. Owners or operators of the affected facilities must make an
initial notification report, performance tests, periodic reports, and
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
are also required semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 53
hours per response. ``Burden'' means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;

adjust the existing ways to comply with any previously- applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Phosphate fertilizer plants.
    Estimated Number of Respondents: 13.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 1,373.
    Estimated Total Annual Cost: $453,090, which includes $132,900 in
labor costs, no capital/startup costs, and $320,190 in operation and
maintenance (O&M) costs.
    Changes in the Estimates: The increase in burden from the most
recently approved ICR is due to an adjustment of respondent and Agency
labor hours. The previous ICR assumed that burden hours accounted for
all technical, managerial, and clerical hours. To be consistent with
the estimation methodology used in other ICRs, this ICR assumes that
labor hours account for technical hours only. Clerical and managerial
hours require additional time, and equal 10 and 5 percent of technical
hours, respectively. Additionally, this ICR uses updated labor rates,
resulting in an increase to the total burden costs.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-29947 Filed 12-11-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Rules and Regulations]
[Page 27416-27419]
[DOCID:fr17my10-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0792; Directorate Identifier 2009-NM-057-AD;
Amendment 39-16300; AD 2010-10-21]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10
(Regional Jet Series 700, 701, & 702) Airplanes, Model CL-600-2D15
(Regional Jet Series 705) Airplanes, and Model CL-600-2D24 (Regional
Jet Series 900) Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Bombardier Aerospace has completed a system safety review of the
CL-600-2C10/CL600-2D15/CL-600-2D24 aircraft fuel system against the
new fuel tank safety standards, introduced in Chapter 525 of the
Airworthiness Manual through Notice of Proposed Amendment (NPA)
2002-043. The identified non-compliances were assessed using
Transport Canada Policy Letter No. 525-001 to determine if mandatory
corrective action was required.
    The assessment showed that certain hydraulic system failure
scenarios could lead to a rapid overheat in the hydraulic lines
without giving flight crew sufficient time to react before the No. 1
and No. 2 hydraulic system tubing inside the fuel tank reaches the
fuel auto ignition temperature. This could result in a fuel tank
explosion.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective June 21, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 21,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Christopher Alfano, Aerospace
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 28, 2009
(74 FR 49346). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    Bombardier Aerospace has completed a system safety review of the
CL-600-2C10/CL600-2D15/CL-600-2D24 aircraft fuel system against the
new fuel tank safety

standards, introduced in Chapter 525 of the Airworthiness Manual
through Notice of Proposed Amendment (NPA) 2002-043. The identified
non-compliances were assessed using Transport Canada Policy Letter
No. 525-001 to determine if mandatory corrective action was
required.
    The assessment showed that certain hydraulic system failure
scenarios could lead to a rapid overheat in the hydraulic lines
without giving flight crew sufficient time to react before the No. 1
and No. 2 hydraulic system tubing inside the fuel tank reaches the
fuel auto ignition temperature. This could result in a fuel tank
explosion.
    To correct the unsafe condition, this [Canadian airworthiness]
directive mandates the installation of thermal fuses in the No. 1
and No. 2 hydraulic systems and the introduction of Fuel System
Limitations (FSL) and Critical Design Configuration Control
Limitations (CDCCL) associated with this design change.

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

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Support for the NPRM

    The Air Line Pilots Association (ALPA) supports the proposed AD.

Request To Delay Rule Until Updated Service Information Is Released

    American Eagle Airlines (American Eagle) requests that we
incorporate updated service information into the NPRM. American Eagle
states that during the accomplishment of Bombardier Service Bulletin
670BA-29-005, Revision A, dated January 29, 2009 (which specifies the
accomplishment of Mitsubishi Service Bulletin 670MM-29-006, Revision A,
dated February 12, 2009) (which was referred to in the NPRM as the
appropriate source of service information for the proposed actions),
several issues were found, including part numbers called out in these
service bulletins that have been superseded by new part numbers
included in a kit, an incorrect location specified for bracket
installation, and the need for alternate fasteners. American Eagle
requests that a revised service bulletin correcting these issues be
released and incorporated into the NPRM with credit given for actions
accomplished in accordance with earlier versions of the service
bulletins. American Eagle states that this will greatly reduce the
number of requests for alternative methods of compliance (AMOCs) and
possible instances of non-compliance.
    We find that clarification is necessary. We contacted Bombardier to
inquire as to the status of updating the service information. However,
no estimated date for releasing updated service information could be
provided at this time. We do not agree that it is necessary to wait to
issue this final rule until the manufacturer updates Bombardier Service
Bulletin 670BA-29-005. To further delay the issuance of this AD would
be inappropriate, since we have determined that an unsafe condition
exists and that the required actions must be done to ensure continued
safety.
    We note that Bombardier has issued Service Non-Incorporated
Engineering Order (SNIEO) KMM670-75007, Identifier S01, dated September
3, 2009, which permits installation of certain fasteners, and SNIEO
KMM670-75007, Identifier S02, dated September 11, 2009, which permits
installation of the left-side bracket on the right (and vice versa).
For clarification purposes, we added a new Note 2 to this final rule to
specify that guidance for accomplishing the modification required by
paragraph (f)(1) of this AD can be found in the SNIEOs.
    In addition, paragraph (f)(5) of this AD gives credit for actions
accomplished in accordance with Bombardier Service Bulletin 670BA-29-
005, dated December 18, 2008.

Explanation of Change Made to This AD

    We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We also determined that this
change will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Explanation of Change to Costs of Compliance

    After the NPRM was issued, we reviewed the figures we have used
over the past several years to calculate AD costs to operators. To
account for various inflationary costs in the airline industry, we find
it necessary to increase the labor rate used in these calculations from
$80 per work hour to $85 per work hour. The cost impact information,
below, reflects this increase in the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 334 products of U.S. registry.
We also estimate that it will take about 45 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $6,765 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $3,537,060, or $10,590 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2010-10-21 Bombardier, Inc.: Amendment 39-16300. Docket No. FAA-
2009-0792; Directorate Identifier 2009-NM-057-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 21,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2C10
(Regional Jet Series 700, 701, & 702) airplanes, certificated in any
category, having serial numbers 10003 through 10267 inclusive; and
Bombardier Model CL-600-2D15 (Regional Jet Series 705) and CL-600-
2D24 (Regional Jet Series 900) airplanes, certificated in any
category, having serial numbers 15001 through 15199 inclusive,
15202, and 15204.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections 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 (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 29:
Hydraulic power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Bombardier Aerospace has completed a system safety review of the
CL-600-2C10/CL600-2D15/CL-600-2D24 aircraft fuel system against the
new fuel tank safety standards, introduced in Chapter 525 of the
Airworthiness Manual through Notice of Proposed Amendment (NPA)
2002-043. The identified non-compliances were assessed using
Transport Canada Policy Letter No. 525-001 to determine if mandatory
corrective action was required.
    The assessment showed that certain hydraulic system failure
scenarios could lead to a rapid overheat in the hydraulic lines
without giving flight crew sufficient time to react before the No. 1
and No. 2 hydraulic system tubing inside the fuel tank reaches the
fuel auto ignition temperature. This could result in a fuel tank
explosion.
    To correct the unsafe condition, this [Canadian airworthiness]
directive mandates the installation of thermal fuses in the No. 1
and No. 2 hydraulic systems and the introduction of Fuel System
Limitations (FSL) and Critical Design Configuration Control
Limitations (CDCCL) associated with this design change.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 6,000 flight hours after the effective date of this
AD, modify the aircraft hydraulic system by installing thermal fuses
according to the Accomplishment Instructions of Bombardier Service
Bulletin 670BA-29-005, Revision A, dated January 29, 2009.

    Note 2: Guidance for accomplishing the modification required by
paragraph (f)(1) of this AD can be found in Bombardier Service Non-
Incorporated Engineering Order (SNIEO) KMM670-75007, Identifier S01,
dated September 3, 2009, and SNIEO KMM670-75007, Identifier S02,
dated September 11, 2009.

    (2) Before or concurrently with the actions required by
paragraph (f)(1) of this AD, revise the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness to
incorporate the tasks identified in Table 1 of this AD as specified
in Bombardier Temporary Revision (TR) 2-269, dated December 18,
2008, to Section 3, ``Fuel Systems Limitations,'' of Part 2 of the
Bombardier CL-600-2C10, CL-600-2D15, and CL-600-2D24 Maintenance
Requirements Manual. The initial compliance time for the task is
within 10,000 flight hours after doing the action required by
paragraph (f)(1) of this AD, or within 60 days after the effective
date of this AD, whichever occurs later, and the limitation task
must be accomplished thereafter at the ``limiting interval''
specified in Bombardier TR 2-269, dated December 18, 2008, except as
provided by paragraphs (f)(4) and (g)(1) of this AD.

                  Table 1--Fuel System Limitation Task
------------------------------------------------------------------------
              Task No.                         Task description
------------------------------------------------------------------------
29-30-00-603........................  Hydraulic System No. 1 and No. 2
                                       Thermal Fuse: Discard the system
                                       No. 1 and No. 2 thermal fuse
                                       (Post Modsum 670T112042 or SB
                                       670BA-29-005).
------------------------------------------------------------------------

    (3) Before or concurrently with the actions required by
paragraph (f)(1) of this AD, revise the ALS of the Instructions for
Continued Airworthiness to incorporate the CDCCL data specified in
Bombardier TR 2-268, dated December 18, 2008, to Section 3, ``Fuel
System Limitations,'' of Part 2 of the Bombardier CL-600-2C10, CL-
600-2D15 and CL-600-2D24 Maintenance Requirements Manual.

    Note 3: The actions required by paragraphs (f)(2) and (f)(3) of
this AD may be done by inserting a copy of the TR into the
maintenance requirements manual. When the TR has been included in
the general revision of the maintenance program, the general
revision may be inserted into the maintenance requirements manual,
provided the relevant information in the general revision is
identical to that in the TR, and the TR may be removed.

    (4) After accomplishing the actions specified in paragraphs
(f)(2) and (f)(3) of this AD, no alternative limitation tasks,
limitation task intervals, or CDCCLs may be used unless the
limitation task, limitation task interval, or CDCCL is approved as
an alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (g)(1) of this AD.
    (5) Actions accomplished before the effective date of this AD in
accordance with Bombardier Service Bulletin 670BA-29-005, dated
December 18, 2008, are considered acceptable for compliance with the
corresponding action specified in paragraph (f)(1) of this AD.

    Note 4: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraphs (f)(2) and (f)(3) of this AD, do not need
to be reworked in accordance with the CDCCLs. However, once the ALS
has been revised, future maintenance actions on these components
must be done in accordance with the CDCCLs.

FAA AD Differences

    Note 5: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2009-09,
dated March 9, 2009; Bombardier Service Bulletin 670BA-29-005,
Revision A, dated January 29, 2009; and Bombardier TR 2-268 and
Bombardier TR 2-269, both dated December 18, 2008, both to Section
3, ``Fuel System Limitations,'' of Part 2 of the Bombardier CL-600-
2C10, CL-600-2D15, and CL-600-2D24 Maintenance Requirements Manual;
for related information.

Material Incorporated by Reference

    (i) You must use the applicable service information specified in
Table 2 of this AD, to do the actions required by this AD, unless
the AD specifies otherwise.

                                   Table 2--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
               Document                               Revision                               Date
----------------------------------------------------------------------------------------------------------------
Bombardier Service Bulletin 670BA-29-   A..................................  January 29, 2009.
 005.
Bombardier Temporary Revision 2-268 to  Original...........................  December 18, 2008.
 Section 3, ``Fuel System
 Limitations,'' of Part 2 of the
 Bombardier CL-600-2C10, CL-600-2D15,
 and CL-600-2D24 Maintenance
 Requirements Manual.
Bombardier Temporary Revision 2-269 to  Original...........................  December 18, 2008.
 Section 3, ``Fuel System
 Limitations,'' of Part 2 of the
 Bombardier CL-600-2C10, CL-600-2D15,
 and CL-600-2D24 Maintenance
 Requirements Manual.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; e-mail<EMAIL_ADDRESS>Internet http://
www.bombardier.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington on May 3, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-11183 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47230-47232]
[FR Doc No: 2018-20195]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84100; File No. SR-NYSE-2018-39]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend Its Price List To Amend the Threshold Levels and Rebate
Amounts Payable Under the Liquidity Provider Incentive Program, and To
Amend the Rebate Amount Payable Under the Agency Order Incentive
Program

September 12, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 31, 2018, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Price List to amend the
threshold levels and rebate amounts payable under the Liquidity
Provider Incentive Program, and amend the rebate amount payable under
the Agency Order Incentive Program. The Exchange proposes to implement
the fee changes effective September 1, 2018. The proposed rule change
is available on the Exchange's website at www.nyse.com, at the
principal office of the Exchange, 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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Price List to amend the
threshold levels and rebate amounts payable under the Liquidity
Provider Incentive Program, and amend the rebate amount payable under
the Agency Order Incentive Program. The Exchange proposes to implement
the fee changes effective September 1, 2018.

Liquidity Provider Incentive Program

    Pursuant to the Liquidity Provider Incentive Program,\4\ a User \5\
can qualify for a daily rebate based on the number of qualifying CUSIPs
\6\ on the NYSE Bonds Book for which a Unique User \7\ meets prescribed
quoting requirements. The Exchange proposes to amend the threshold
levels and rebate amounts payable under the Liquidity Provider
Incentive Program to encourage participants to meet the quoting
requirements in a greater number of CUSIPs.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 77591 (April 12,
2016), 81 FR 22656(April 18, 2016) (SR-NYSE-2016-26); 77812 (May 11,
2016), 81 FR 30594 (May 17, 2016) (SR-NYSE-2016-34); 79210 (November
1, 2016), 81 FR 78213 (November 7, 2016) (SR-NYSE-2016-68); and
80934 (June 15, 2017), 82 FR 28173 (June 20, 2017) (SR-NYSE-2017-
27).
    \5\ A User is any Member or Member Organization, Sponsored
Participant, or Authorized Trader that is authorized to access NYSE
Bonds. See Rule 86(b)(2)(M). For purposes of the Liquidity Provider
Incentive Program, a User is a Member or Member Organization that is
authorized to access NYSE Bonds.
    \6\ CUSIP stands for Committee on Uniform Securities
Identification Procedures. A CUSIP number identifies most financial
instruments, including: stocks of all registered U.S. and Canadian
companies, commercial paper, and U.S. government and municipal
bonds. The CUSIP system--owned by the American Bankers Association
and managed by Standard & Poor's--facilitates the clearance and
settlement process of securities. See http://www.sec.gov/answers/cusip.htm.
    \7\ For purposes of the Liquidity Provider Incentive Program,
the term `Unique User' means a User, a trading desk of a User, or a
customer of a User, on whose behalf a Member or Member Organization
enters quotes or orders under a Unique User ID that such User
requests from and is provided by the Exchange. See Securities
Exchange Act Release No. 80934 (June 15, 2017), 82 FR 28173 (June
20, 2017) (SR-NYSE-2017-27).
---------------------------------------------------------------------------

    Currently, the daily rebate amount is tiered based on the number of
qualifying CUSIPs that meet quoting requirements, as follows:

------------------------------------------------------------------------
               Number of qualifying CUSIPs                 Daily rebate
------------------------------------------------------------------------
400-599.................................................            $500

600-799.................................................           1,000
800 or more.............................................           1,500
------------------------------------------------------------------------

    The Exchange now proposes to amend the current tiers by: (1)
Adjusting the third tier (800 or more CUSIPs) so that it becomes 800-
999 CUSIPs; and (2) adopting a new tier for 1000 or more CUSIPs with a
corresponding daily rebate of $2,000. With the proposed changes to the
tiers, the Exchange is attempting to strike the right balance between
the number of qualifying CUSIPs and its corresponding rebate to ensure
that the incentive program achieves its intended purpose of attracting
liquidity in a greater number of CUSIPs to NYSE Bonds.
    With the proposed amended tiers, the CUSIP threshold and
corresponding rebate would be as follows:

------------------------------------------------------------------------
               Number of qualifying CUSIPs                 Daily rebate
------------------------------------------------------------------------
400-599.................................................            $500
600-799.................................................           1,000
800-999.................................................           1,500
1,000 or more...........................................           2,000
------------------------------------------------------------------------

    The Exchange is not proposing any change to the Liquidity Provider
Incentive Program other than to add an additional tier and a
corresponding rebate for the new tier.

Agency Order Incentive Program

    Pursuant to the Agency Order Incentive Program,\8\ the Exchange
currently provides a monthly rebate of $4,000 to a User that submits an
average of 400 resting limit orders of any size per trading day during
the month and that are submitted as Agency Orders \9\ by the User. In
order to further incentivize Users to provide displayed liquidity on
NYSE Bonds, the Exchange proposes to provide an increased monthly
rebate of $10,000 to Users that meet the requirements of the incentive
program. The proposed increased rebate would be applicable for a
limited period of time, from September 2018 to December 2018. In the
absence of a proposed rule change filed by the Exchange, the monthly
rebate payable under the Agency Order Incentive Program would revert
back to $4,000 per month beginning January 2019.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 82343 (December 18,
2017), 82 FR 60782 (December 22, 2017) (SR-NYSE-2017-68).
    \9\ For purposes of the Agency Order Incentive Program, an
Agency Order is any order submitted by a User that it represents as
agent on NYSE Bonds. See Securities Exchange Act Release No. 82343
(December 18, 2017), 82 FR 60782 (December 22, 2017).
---------------------------------------------------------------------------

    The Exchange is not proposing any change to the Agency Order
Incentive Program other than to change the amount of the rebate for a
period of four months, from September 2018 to December 2018.
    The proposed rule change is intended to provide Users with a
greater incentive to transact on NYSE Bonds.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\11\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

    The Exchange believes its proposed rebates pursuant to a tiered
pricing structure is reasonable, equitable and non-discriminatory. The
Exchange's proposal to add a new tier is reasonable as it is designed
to encourage participants to provide liquidity in a greater number of
CUSIPs on NYSE Bonds in order to benefit by receiving a larger daily
rebate that was previously not available. The Exchange believes that
with the proposed amended tiers, which provides for additional volume
thresholds, Users that meet prescribed quoting requirements in a
varying number of CUSIPs would qualify for rebates. The purpose of the
Liquidity Provider Incentive Program is to incentivize Users to provide
liquidity to the Exchange. In order to achieve that objective, the
Exchange believes it is reasonable to amend the tiers and rebates
payable under each tier to allow Users of varying levels of
participation to qualify for the rebates payable under the incentive
program. Volume-based rebates such as those maintained by the Exchange
for NYSE Bonds are equitable because they are open to all Users on an
equal basis and provide additional benefits that are reasonably related
to the value of an exchange's market quality. The proposed modification
to the tiers and the proposed addition of a new tier is each intended
to incentivize Users to provide liquidity in a greater number of CUSIPs
on NYSE Bonds in an effort to qualify for the enhanced rebate made
available by the tiers.
    The Exchange believes that by providing Users with the ability to
earn increased rebates, the Exchange is rewarding aggressive liquidity
providers in the market, and by doing so, the Exchange will encourage
the additional utilization of, and interaction with, the NYSE Bonds
platform and provide customers with the premier venue for price
discovery, liquidity, and competitive quotes.
    The Exchange further believes that the rebate currently in place is
reasonable because it is designed to give Users who meet quoting
requirements in a minimum of 400 CUSIPs a benefit by way of a daily
rebate. The Exchange also believes that the Liquidity Provider
Incentive Program is equitable and not unfairly discriminatory because
it would uniformly apply to all Users that trade bonds on NYSE Bonds.
    The Exchange believes it is reasonable and equitable to adopt an
increased rebate payable to Users under the Agency Order Incentive
Program in order to incentivize Users to submit Agency Orders to the
Exchange. This in turn would provide NYSE Bonds with potential new
order flow and liquidity providers as it continues to grow its
marketplace. The Exchange believes it is reasonable and equitable to
adopt an increased rebate for a limited period of time as an incentive
for Users to submit an increased number of Agency Orders to qualify for
the increased rebate, and at the same time to encourage Users that do
not participate in the Agency Order Incentive Program to begin to do so
during the period of time during which the Exchange would pay the
additional $6,000 per month. The Agency Order Incentive Program targets
a particular segment in which the Exchange seeks to attract greater
order flow and the Exchange believes the proposed increase to the
monthly rebate for the remainder of this year should incentivize Users
sufficiently to try to qualify for the rebate.
    The Exchange believes the proposed rule change would provide an
incentive for Users to provide additional liquidity to the market and
add competition to the existing group of liquidity providers. The
Exchange does not expect the revenues it forgoes as a result of the
proposal to negatively affect its ability to conduct its regulatory
program.
    Finally, the Exchange believes that the proposed rule change is not
unfairly discriminatory in that it would apply uniformly to all Users
accessing NYSE Bonds. All similarly situated Users would be subject to
the increased rebate, and each User would have the ability to determine
the extent to which the Exchange's proposed rebate will provide it with
an economic incentive to use NYSE Bonds, and model its business
accordingly.

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

    In accordance with Section 6(b)(8) of the Act,\12\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Debt securities typically trade in a decentralized
OTC dealer market that is less liquid and transparent than the equities
markets. The Exchange believes that the proposed change would increase
competition with these OTC venues by creating additional incentives to
engage in bonds transactions on the Exchange and rewarding market
participants for actively quoting and providing liquidity in the only
transparent bond market, which the Exchange believes will enhance
market quality.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues that
are not transparent. In such an environment, the Exchange must
continually review, and consider adjusting its fees and rebates to
remain competitive with other exchanges as well as with alternative
trading systems and other venues that are not required to comply with
the statutory standards applicable to exchanges. Because competitors
are free to modify their own fees and credits in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited. As a
result of all of these considerations, the Exchange does not believe
that the proposed change will impair the ability of member
organizations or competing order execution venues to maintain their
competitive standing in the financial markets.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule
19b-4 \14\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 protected]. Please include
File No. SR-NYSE-2018-39 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 No. SR-NYSE-2018-39. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-NYSE-2018-39, and should be submitted on or
before October 9, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20195 Filed 9-17-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Pages 1093-1094]
[FR Doc No: X10-740108]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61254; File No. SR-OCC-2009-20]

 Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change Relating to ETFS Physical
Swiss Gold Shares and ETFS Physical Silver Shares

December 29, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ notice is hereby given that on December 14, 2009, The Options
Clearing Corporation (``OCC'') filed with the Securities and Exchange
Commission the proposed rule change as described in Items I, II, and
III below, which Items have been prepared primarily by OCC. 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).
---------------------------------------------------------------------------

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

    The proposed rule change would clarify that the term ``fund share''
includes any option or any futures contracts on ETFS Physical Swiss
Gold Shares and ETFS Physical Silver Shares.

II. Self-Regulatory Organization'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. 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

    The purpose of the proposed rule change is to clarify the
jurisdictional status of options or security futures on ETFS Physical
Swiss Gold Shares or ETFS Physical Silver Shares. OCC proposes to amend
the interpretation following the definition of ``fund share'' in
Article I, Section 1, of OCC's By-Laws.\2\ Under this proposed rule
change, OCC would (i) clear and treat as securities options any option
contracts on ETFS Physical Swiss Gold Shares and ETFS Physical Silver
Shares that are traded on securities exchanges and (ii) clear and treat
as security futures any futures contracts on ETFS Physical Swiss Gold
Shares and ETFS Physical Silver Shares.
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    \2\ Securities Exchange Act Release No. 57895 (May 30, 2008), 73
FR 32066 (June 5, 2008), and CFTC Order Exempting the Trading and
Clearing of Certain Products Related to SPDR Gold Trust Shares, 73
FR 31981 (June 5, 2008) (orders approving a proposed rule change
clarifying that options and securities futures on SPDR Gold Shares
are included in the definition of ``fund share'' in OCC's rules);
Securities Exchange Act Release No. 59054 (Dec. 4, 2008), 73 FR
75159 (Dec. 10, 2008) and CFTC Order Exempting the Trading and
Clearing of Certain Products Related to iShares COMEX Gold Trust
Shares and iShares Silver Trust Shares, 73 FR 79830 (Dec. 3, 2008)
(orders approving proposed rule change adding options and security
futures on iShares COMEX Gold Shares and iShares Silver Shares to
OCC's interpretation of ``fund share'').
---------------------------------------------------------------------------

    In its capacity as a ``derivatives clearing organization''
registered as such with the Commodities Futures Trading Commission
(``CFTC''), OCC is filing this proposed rule change for prior approval
by the CFTC pursuant to provisions of the Commodity Exchange Act
(``CEA'') in order to foreclose any potential liability under the CEA
based on an argument that OCC's clearing of such options as securities
options or the clearing of such futures as security futures constitutes
a violation of the CEA. The products for which approval is requested
are essentially the same as the options and security futures on SPDR
Gold Shares, iShares COMEX Gold Shares, and iShares Silver Shares that
OCC currently clears pursuant to the rule changes referred to above and
exemptions issued by the CFTC. \3\ OCC believes that this filing raises
no new regulatory or policy issues.
---------------------------------------------------------------------------

    \3\ Supra note 2.
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    OCC believes that the proposed interpretation of OCC's By-Laws is
consistent with the purposes and requirements of Section 17A of the Act
\4\ because it is designed to promote the prompt and accurate clearance
and settlement of transactions in securities options and security
futures, to foster cooperation and coordination with persons engaged in
the clearance and settlement of such transactions, to remove
impediments to and perfect the mechanism of a national system for the
prompt and accurate clearance and settlement of such transactions, and,
in general, to protect investors and the public interest. It
accomplishes these purposes by reducing the likelihood of a dispute as
to the Commission's jurisdiction or shared jurisdiction in the case of
security futures over derivatives based on ETFS Physical Swiss Gold
Shares or ETFS Physical Silver Shares. OCC also states that the
proposed rule change is not inconsistent with OCC's By-Laws and Rules.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

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

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments 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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period (i) as the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding, or (ii) as to which the self-regulatory

organization consents, the Commission will:
    (A) by order approve the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-OCC-2009-20 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-OCC-2009-20. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C 552, will be available for inspection and copying
in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at OCC's principal office and on OCC's Web site
at http://www.theocc.com/publications/rules/proposed_changes/
proposed_changes.jspU. 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 submission should refer to File No. SR-
OCC-2009-20 and should be submitted on or before January 29, 2010.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-69 Filed 1-7-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Notices]
[Pages 28015-28016]
[FR Doc No: 2022-09944]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-P-0939]

Determination That GLUCOTROL (Glipizide) Tablets, 2.5 Milligrams,
Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) has
determined that GLUCOTROL (glipizide) tablets, 2.5 milligrams (mg),
were not withdrawn from sale for reasons of safety or effectiveness.
This determination will allow FDA to approve abbreviated new drug
applications (ANDAs) for glipizide tablets, 2.5 mg, if all other legal
and regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Dan Ritterbeck, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6219, Silver Spring, MD 20993-0002, 301-
796-4673, [email protected].

SUPPLEMENTARY INFORMATION: Section 505(j) of the Federal Food, Drug,
and Cosmetic Act (FD&C Act) (21 U.S.C. 355(j)) allows the submission of
an ANDA to market a generic version of a previously approved drug
product. To obtain approval, the ANDA applicant must show, among other
things, that the generic drug product: (1) Has the same active
ingredient(s), dosage form, route of administration, strength,
conditions of use, and (with certain exceptions) labeling as the listed
drug, which is a version of the drug that was previously approved, and
(2) is bioequivalent to the listed drug. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    Section 505(j)(7) of the FD&C Act requires FDA to publish a list of
all approved drugs. FDA publishes this list as part of the ``Approved
Drug Products With Therapeutic Equivalence Evaluations,'' which is
known generally as the ``Orange Book.'' Under FDA regulations, drugs
are removed from the list if the Agency withdraws or suspends approval
of the drug's NDA or ANDA for reasons of safety or effectiveness or if
FDA determines that the listed drug was withdrawn from sale for reasons
of safety or effectiveness (21 CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    GLUCOTROL (glipizide) tablets, 2.5 mg, are the subject of NDA
017783, held by Pfizer Inc., and initially approved on May 8, 1984.
GLUCOTROL is indicated as an adjunct to diet and exercise to improve
glycemic control in adults with type 2 diabetes mellitus.

    GLUCOTROL (glipizide) tablets, 2.5 mg, are currently listed in the
``Discontinued Drug Product List'' section of the Orange Book.
    Hyman, Phelps & McNamara, P.C., submitted a citizen petition dated
August 24, 2021 (Docket No. FDA-2021-P-0939), under 21 CFR 10.30,
requesting that the Agency determine whether GLUCOTROL (glipizide)
tablets, 2.5 mg, were withdrawn from sale for reasons of safety or
effectiveness.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that GLUCOTROL (glipizide) tablets, 2.5 mg, were
not withdrawn for reasons of safety or effectiveness. The petitioner
has identified no data or other information suggesting that GLUCOTROL
(glipizide) tablets, 2.5 mg, were withdrawn for reasons of safety or
effectiveness. We have carefully reviewed our files for records
concerning the withdrawal of GLUCOTROL (glipizide) tablets, 2.5 mg,
from sale. We have also independently evaluated relevant literature and
data for possible postmarketing adverse events. We have found no
information that would indicate that this drug product was withdrawn
from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list GLUCOTROL (glipizide)
tablets, 2.5 mg, in the ``Discontinued Drug Product List'' section of
the Orange Book. The ``Discontinued Drug Product List'' delineates,
among other items, drug products that have been discontinued from
marketing for reasons other than safety or effectiveness. ANDAs that
refer to GLUCOTROL (glipizide) tablets, 2.5 mg, may be approved by the
Agency as long as they meet all other legal and regulatory requirements
for the approval of ANDAs. If FDA determines that labeling for this
drug product should be revised to meet current standards, the Agency
will advise ANDA applicants to submit such labeling.

    Dated: May 4, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-09944 Filed 5-9-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Notices]
[Page 26686-26688]
[DOCID:fr03jn09-58]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2009-0078; FRL-8913-3]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Brownfields Program--
Revitalization Grantee Reporting (Renewal); EPA ICR No. 2104.03, OMB
Control No. 2050-0192

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before July 6, 2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2009-0078, to (1) EPA online using http://www.regulations.gov
(our preferred method), by email to<EMAIL_ADDRESS>or by
mail to: EPA Docket Center, Environmental Protection Agency, Mailcode:
28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB
by mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Rachel Lentz, Office of Brownfields
and Land Revitalization, (5105-T), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
202-566-2745; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On February 6, 2009 (74 FR 6286), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ -SFUND-2009-0078, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Superfund in
the Docket EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA/DC 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 Reading Room is 202-566-
1744, and the telephone number for the Superfund Docket is 202-566-
9744.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: Brownfields Program--Revitalization Grantee Reporting
(Renewal).
    ICR numbers: EPA ICR No. 2104.03, OMB Control No. 2050-0192.
    ICR Status: This ICR is scheduled to expire on July 31, 2009. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. 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. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The Small Business Liability Relief and Brownfields
Revitalization Act (Pub. L. 107-118) was signed into law on January 11,
2002. The Act amends the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended, and authorizes
EPA to award grants to states, tribes, local governments, and other
eligible entities to assess and clean up brownfields sites. EPA
requires Brownfields program grant recipients to report information to
EPA on the uses and accomplishments associated with the funded
brownfields activities. EPA uses this information to meet Federal
stewardship responsibilities to manage and track how program funds are
being spent, to evaluate the performance of the Brownfields Cleanup and
Redevelopment Program, to meet the Agency's reporting requirements
under the Government Performance Results Act, and to report to Congress
and other program stakeholders on the status and accomplishments of the
grants program.
    This ICR addresses the burden imposed on grant recipients that are
associated with those reporting and recordkeeping requirements that are
specific to grants awarded under the Small Business Liability Relief
and Brownfields Revitalization Act. This ICR renewal modifies the
annual reporting and recordkeeping burden under the previous ICR. The
modified burden reflects an increase in the number of respondents
subject to the reporting and recordkeeping requirements, and
improvements to the reporting forms based on EPA's experience
implementing the grant program. EPA is also modifying the reporting
form to simplify and clarify the reporting requirements, which will
improve the accuracy of information reported and minimize the burden to
grant recipients.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 5
hours per response for job training grant recipients, and 1.25 hours
per response for subtitle A assessment, cleanup, and revolving loan
fund and subtitle C grant recipients. Burden means the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements which have subsequently
changed; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    Respondents/Affected Entities: Local governments, Indian Tribes and
non-profit organizations.
    Estimated Number of Respondents: 544.
    Frequency of Response: Bi-annual for subtitle C grant recipients;
quarterly for subtitle A grant recipients.
    Estimated Total Annual Hour Burden: 16,550.
    Estimated Total Annual Cost: $1,584,479, includes $0 annualized
capital or O&M costs.
    Changes in the Estimates: There is an increase of 7,867 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This increase is primarily due to an additional
$100 million in grant funding for the EPA Brownfields Program in the
American Recovery and Reinvestment Act of 2009, the majority of which
is going towards awarding approximately 200 additional grants in the
first year of the ICR. EPA had to include these stimulus grantees into
its ICR in order to collect Property Profile Form data or Job Training
Form data to

measure environmental accomplishments.

    Dated: May 28, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9-12934 Filed 6-2-09; 8:45 am]

BILLING CODE 6560-50-P