[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Proposed Rules]
[Pages 46000-46002]
[FR Doc No: 2016-16646]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6692; Directorate Identifier 2016-NE-13-AD]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Rolls-Royce plc (RR) RB211-Trent 875-17, RB211-Trent 877-17, RB211-
Trent 884-17, RB211-Trent 884B-17, RB211-Trent 892-17, RB211-Trent
892B-17, and RB211-Trent 895-17 turbofan engines. This proposed AD was
prompted by a report of cracking and material release from an engine
upper bifurcation fairing. This proposed AD would require repetitive
inspections of the engine upper bifurcation fairing and repairing or
replacing any fairing that fails inspection. We are proposing this AD
to prevent failure of the engine fire protection system, engine fire,
and damage to the airplane.

DATES: We must receive comments on this NPRM by September 13, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this proposed AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England,
DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; email:
http://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://customers.rolls-royce.com/public/rollsroycecare. You may view this
service information at the FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6692; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the mandatory continuing airworthiness
information (MCAI), the regulatory evaluation, any comments received,
and other information. The address for the Docket Office (phone: 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wego Wang, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this NPRM. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-6692;
Directorate Identifier 2016-NE-13-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. We will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2016-0084, dated April 28, 2016 (referred to hereinafter as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Inspection of in-service Rolls-Royce RB211 Trent 800 engines has
identified cracking and/or material release from the upper
bifurcation fairing. This fairing hardware mates to the aeroplane
thrust reverser upper bifurcation forward fire seal. Both sets of
hardware create the engine firewall to isolate the engine
compartment fire zone, which is a firewall feature of the aeroplane
type design. Damage (missing materials and holes/

openings) to the upper bifurcation fairing creates a breach of the
engine fire wall, which may decrease the effectiveness of the engine
fire detection and suppression systems due to excess fan air
entering the engine compartment fire zone. This could delay or
prevent the fire detection and suppression system from functioning
properly, and can result in an increased risk of prolonged burning,
potentially allowing a fire to reach unprotected areas of the
engine, strut and wing.

    Failure to inspect the engine upper bifurcation fairing as proposed
by this AD could result in failure of the engine fire protection
system, engine fire, and damage to the airplane.
    You may obtain further information by examining the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2016-6692.

Related Service Information

    RR has issued Alert Non-Modification Service Bulletin (NMSB)
RB.211-72-AJ165, dated March 31, 2016. The NMSB describes procedures
for inspecting and, if necessary, repairing or replacing the engine
upper bifurcation fairing.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of the
United Kingdom and is approved for operation in the United States.
Pursuant to our bilateral agreement with the European Community, EASA
has notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design. This NPRM would require repetitive inspections of
the engine upper bifurcation fairing and repairing or replacing any
fairing that fails inspection.

Costs of Compliance

    We estimate that this proposed AD affects 125 engines installed on
airplanes of U.S. registry. We estimate that it would take about 3.25
hours to inspect the upper bifurcation fairing do the inspection. We
estimate that 5 engine fairings will require repair at 8 hours per
engine and that an additional 5 engine fairings will require
replacement at 30 hours per engine. We also estimate that materials and
parts costs would be $500 for each engine. The cost for repair or
replacement would be about $5,900 or $15,250 respectively. The average
labor rate is $85 per hour. Based on these figures, we estimate the
cost of this proposed AD on U.S. operators to be $55,681.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, 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.

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):

Rolls-Royce plc: Docket No. FAA-2016-6692; Directorate Identifier
2016-NE-13-AD.

(a) Comments Due Date

    We must receive comments by September 13, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce plc (RR) RB211-Trent 875-17,
RB211-Trent 877-17, RB211-Trent 884-17, RB211-Trent 884B-17, RB211-
Trent 892-17, RB211-Trent 892B-17, and RB211-Trent 895-17 turbofan
engines.

(d) Reason

    This AD was prompted by a report of cracking and material
release from an engine upper bifurcation fairing. We are issuing
this AD to prevent failure of the engine fire protection system,
engine fire, and damage to the airplane.

(e) Actions and Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Within 7,500 engine flight hours (EFHs) time since new, or
since last inspection, or within 150 flight cycles after the
effective date of this AD, whichever occurs later, inspect the
engine upper bifurcation fairing for cracks or missing material. Use
paragraph (e)(3) of this AD to perform the inspections.
    (2) Repeat the inspection required by this AD within every 7,500
EFH time since last inspection.
    (3) Inspect the engine upper bifurcation fairing as follows.
Refer to Figure 1 of RR Alert Non-Modification Service Bulletin
(NMSB) RB.211-72-AJ165, dated March 31, 2016, for guidance on upper
bifurcation fairing inspection locations.
    (i) Visually inspect upper bifurcation fairing seal face 22,
seal support 23, and zone A for any cracks or material loss on the
right side.
    (A) If fairing seal face 22 is found to have released material,
repair or replace the fairing before further flight.
    (B) If there is a single crack found on fairing seal face 22,
shorter than 6 mm, repair or replace the fairing within 100 engine
flight cycles, or at the next shop visit, whichever occurs sooner.
    (C) If there is a single crack found on fairing seal face 22,
longer than 6 mm, repair or replace the fairing within 15 engine
flight cycles or at the next shop visit, whichever occurs sooner.
    (D) If there are two or more cracks found on fairing seal face
22, replace the fairing

within 15 engine flight cycles or at next shop visit, whichever
occurs sooner.
    (E) If there is any cracking or material loss found on seal
support 23, replace the fairing within 15 engine flight cycles or at
next shop visit, whichever occurs sooner.
    (ii) If the visual inspection required by paragraph (e)(3)(i) of
this AD does not detect any crack, fluorescent penetrant inspect
zone A. Refer to AMM TASK 70-20-02, Water Washable Fluorescent
Penetrant Inspection (Maintenance Process 213), or OMat 632, high
sensitivity fluorescent penetrant inspection, for guidance on
fluorescent penetrant inspection.
    (A) If a crack shorter than 6 mm is detected, repair or replace
the fairing within 100 engine flight cycles, or at the next shop
visit, whichever occurs sooner.
    (B) If a crack longer than 6 mm is detected, repair or replace
the fairing within 15 engine flight cycles or at the next shop
visit, whichever occurs sooner.

Definition

    For the purpose of this AD, a ``shop visit'' is defined as
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine flanges, except that the
separation of engine flanges solely for the purposes of
transportation without subsequent engine maintenance does not
constitute an engine shop visit.

(f) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(g) Related Information

    (1) For more information about this AD, contact Wego Wang,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2016-0084,
dated April 28, 2016, for more information. You may examine the MCAI
in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating it in Docket No. FAA-2016-6692.
    (3) RR NMSB RB.211-72-AJ165, dated March 31, 2016, can be
obtained from RR, using the contact information in paragraph (g)(4)
of this proposed AD.
    (4) For service information identified in this proposed AD,
contact Rolls-Royce plc, Corporate Communications, P.O. Box 31,
Derby, England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-
1332-249936; email: http://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://customers.rolls-royce.com/public/rollsroycecare.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call
781-238-7125.

    Issued in Burlington, Massachusetts, on July 1, 2016.
Ann C. Mollica,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2016-16646 Filed 7-14-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17868-17871]
[FR Doc No: 2021-06989]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91445; File No. SR-OCC-2021-004]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change Relating to Revisions to OCC's
Auction Participation Requirements

March 31, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on March 19, 2021, 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. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change by OCC would amend the auction
participation requirements set forth Interpretation and Policy
(``I&P'') .02(c) to OCC Rule 1104 (Creation of Liquidating Settlement
Account). The proposed changes to OCC Rules are included in Exhibit 5
of File No. SR-OCC-2021-004. Material proposed to be added to OCC's
Rules as currently in effect is underlined and material proposed to be
deleted is marked in strikethrough text. All capitalized terms not
defined herein have the same meaning as set forth in the OCC By-Laws
and Rules.\3\
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    \3\ OCC's By-Laws and Rules can be found on OCC's public
website: https://www.theocc.com/Company-Information/Documents-and-Archives/By-Laws-and-Rules.
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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
Background
    Rule 1102 enumerates the grounds upon which OCC may suspend one of
its Clearing Members.\4\ Following the suspension of any Clearing
Member, OCC would take a number of steps designed to reasonably ensure
that the Clearing Member's suspension is managed in an orderly fashion.
Among the steps that OCC may take to manage a Clearing Member's
suspension is liquidating the remaining collateral, open positions and/
or exercised/matured contracts (i.e., the remaining portfolio) of the
suspended Clearing Member. Interpretation and Policy .02(a) to Rule
1104 clarifies that OCC ``may elect to use one or more private auctions
to liquidate all or any part'' of a suspended Clearing Member's
remaining portfolio. In this context, the term ``private auction''
means an auction open to bidders who are invited by OCC and in which
such bidders submit bids on a confidential basis.\5\
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    \4\ The grounds for suspension, as summarized, include a
Clearing Member (i) having been expelled or suspended from any self-
regulatory organization; (ii) failing to make any delivery of cash,
securities or other property to OCC in a timely manner as required
by OCC's By-Laws or Rules; (iii) failing to make any delivery of
funds or securities to another Clearing Member required pursuant to
OCC's By-Laws or Rules; (iv) failing to make any delivery of funds
or securities to the correspondent clearing corporation in a timely
manner; (v) being in such financial or operating difficulty that
OCC's Board of Directors or a Designated Officer determines that
suspension is necessary for the protection of OCC, other Clearing
Members, or the general public; or (vi) in the case of a non-U.S.
Clearing Member, having been expelled or suspended by its non-U.S.
regulator or any securities exchange or clearing organization of
which it is a member.
    \5\ Interpretation and Policy .02(a) to Rule 1104.
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    Interpretation and Policy .02(c) to Rule 1104 (``I&P .02(c)'')
establishes certain basic requirements for OCC's private auction
process. I&P .02(c) states that OCC ``will invite all Clearing Members
to apply to become pre-qualified auction bidders'' and that ``[a]ny
Clearing Member may be included in the pool of pre-qualified auction
bidders by completing required auction documentation in advance.''
Further, I&P .02(c) states that ``[b]y posting notices on the [OCC]'s
website from time to time, [OCC] will also invite non-Clearing Members
to apply to become pre-qualified auction bidders.'' I&P .02(c) also
establishes that for a non-Clearing Member to be pre-qualified as an
auction bidder, it ``must (i) actively trade in the asset class in
which it proposes to submit bids, (ii) actively trade in markets
cleared by [OCC], (iii) be sponsored by, and submit its bids through, a
Clearing Member that has agreed to guarantee and settle any accepted
bid made by such non-Clearing Member and (iv) complete required auction
documentation in advance.'' I&P .02(c) also states that OCC ``will
endeavor to maintain a pool of pre-qualified auction bidders by
periodically reviewing such bidders and their qualifications'' and that
OCC ``will promptly notify any pre-qualified auction bidder removed
from the pool of pre-qualified auction bidders.''

Proposed Change

    OCC is proposing to change I&P .02(c) in order to clarify and
further facilitate the process of on-boarding Clearing Members and non-
Clearing Members as potential bidders in future auctions of a suspended
Clearing Member's remaining portfolio. To achieve a successful auction
pursuant to Rule 1104 and enable OCC to take timely action to contain
any losses and liquidity pressures that may be caused by a Clearing
Member's default, it is important for OCC to encourage participation in
such auctions. OCC believes that participation by more bidders
generally facilitates more competitive bids on a suspended Clearing
Member's portfolio. Competitive bids are necessary for OCC to sell the
portfolio at a market price that minimizes the loss to OCC and its
Clearing Members, and enable OCC to successfully complete an auction in
a timely manner and thereby manage a Clearing Member default in a
timely manner. Therefore, OCC proposes to make two related revisions to
I&P .02(c), as described below. OCC also proposes to delete current
rule text in I&P .02 related to OCC's internal administration of pre-
qualified auction bidders, also described below.
    First, OCC proposes to revise I&P .02(c) to reflect that Clearing
Members would not need to be invited by OCC to become pre-qualified
auction bidders; instead, the revised language in I&P .02(c) would make
clear that all Clearing Members are invited to participate in auctions
of a suspended Clearing Member's remaining portfolio. OCC would retain,
but slightly rephrase, the existing requirement that any Clearing
Member seeking to be included in the pool of pre-qualified auction
bidders must complete required auction documentation in advance; OCC's
proposed changes would explain that in order for a Clearing Member to
be pre-qualified as an auction bidder, the Clearing Member would need
to

complete any required auction documentation in advance.
    Second, OCC proposes to revise I&P .02(c) to reflect that non-
Clearing Members would no longer need to be invited to become pre-
qualified auction bidders by OCC posting notices to its website from
time-to-time. Further, the revisions to I&P .02(c) would remove the
existing requirements that a non-Clearing Member must actively trade in
the asset class in which it proposes to submit bids and must actively
trade in markets cleared by OCC. Instead, the revisions to I&P .02(c)
would make clear that non-Clearing Members could become pre-qualified
auction bidders by (i) having a Clearing Member sponsor to submit bids
on behalf of the non-Clearing Member, (ii) having a Clearing Member
agree to guarantee and settle any accepted bid made by the non-Clearing
Member, and (iii) completing any required auction documentation in
advance.
    OCC is also proposing to delete from I&P .02(c) two sentences that
discuss OCC's administration of the pool of pre-qualified auction
bidders. Currently, I&P .02(c) explains that OCC maintains a pool of
pre-qualified auction bidders, periodically reviews the pool of such
bidders and their qualifications, and notifies any pre-qualified
auction bidder that is removed from the pool. OCC is concerned that the
trading activity review process contemplated by I&P .02(c) could
inappropriately limit the number of pre-qualified bidders by excluding,
inter alia, prospective bidders who did not have sufficient trading
activity that was visible to OCC at the time of pre-qualification or
review but were suitable bidders at the time of a particular auction.
Accordingly, OCC proposes to eliminate the pre-qualification
requirements related to a non-Clearing Member's trading experience.
    OCC will continue to perform the pre-auction review described in
Interpretation & Policy .02(d) to Rule 1104 (``I&P .02(d)''). This will
allow OCC to maximize the number of pre-qualified bidders and select
bidders for a particular auction based on an objective review that
gives due consideration to the specific portfolio that will be
auctioned. The proposal also eliminates the need for a periodic review
and removal process. Under the proposed rule, a Clearing Member that
terminates its required auction documentation or ceases to maintain its
status as a Clearing Member will no longer be considered a pre-
qualified auction bidder. Likewise, a non-Clearing Member will no
longer be considered a pre-qualified bidder if its Clearing Member
sponsorship or guarantee is revoked or its required auction
documentation is terminated. OCC notes that it would continue its
current practice of maintaining a list of pre-qualified bidders through
OCC's default management testing and review of default management
testing results.
(2) Statutory Basis
    OCC believes that the proposed rule change is consistent with
Section 17A(b)(3)(F) of the Securities Exchange Act of 1934, as amended
(the ``Act''),\6\ and the rules and regulations thereunder because the
proposed change is generally designed to (i) promote the prompt and
accurate clearance and settlement of transactions cleared by OCC, (ii)
assure the safeguarding of securities and funds in OCC's custody, and
(iii) protect investors and the public interest by clarifying and
further facilitating the process of on-boarding Clearing Members and
non-Clearing Members as potential bidders in future auctions of a
suspended Clearing Member's remaining portfolio. The proposed change
would further facilitate on-boarding of potential bidders by removing
certain administrative obstacles in the process of becoming a pre-
qualified auction bidder (e.g., non-Clearing Members seeking
invitations to become pre-qualified auction bidders posted to OCC's
website from time-to-time). OCC believes that the removal of these
administrative obstacles itself would not materially impact risks to
OCC but would simplify the on-boarding process in a way that is
intended to facilitate on-boarding potential bidders in future
auctions, which potentially could have the result of increasing
participation in future auctions.
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    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As described herein, the potential for increased participation in
future auctions would improve the likelihood that in any particular
auction there is greater competition among auction bidders that results
in a qualified bidder submitting a bid that OCC deems acceptable and
that minimizes loss to OCC's default management resources. If OCC does
not obtain a satisfactory bid, OCC may need to conduct additional
auctions on subsequent days or else determine the auction process has
been unsuccessful and utilize other default management tools.\7\
Similarly, a lack of competitive bidding may require OCC to accept a
best bid that results in greater loss to OCC's default management
resources than OCC would have been able to accept through more
competitive bidding that resulted in a higher best bid. Accordingly, to
the extent OCC receives more competitive bids OCC could liquidate a
suspended Clearing Member's remaining portfolio without the need for
additional auctions or the use of other default management tools, and
similarly increase the likelihood that OCC receives a best bid that
minimizes loss to its default management resources. OCC believes these
improvements, generally, would (i) promote prompt and accurate
clearance and settlement as a result of shorter close-out periods and
more competitive auction prices; (ii) help assure the safeguarding of
securities and funds in OCC's custody by reducing the risk of loss to
such securities and funds from unallocated open positions; and (iii)
inure to the benefit of investors and the public for the same reasons.
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    \7\ See e.g., Securities Exchange Act Release No. 34-82351
(December 19, 2017); 82 FR 61107 (December 26, 2017) (File No. SR-
OCC-2017-020).
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    The proposed change would also remove existing limitations on non-
Clearing Members seeking to become pre-qualified bidders (e.g., a non-
Clearing Member must actively trade in the asset class in which it
proposes to submit bids and must actively trade in markets cleared by
OCC). OCC similarly believes that the removal of these requirements
would not materially impact risks to OCC. Any Clearing Member
sponsoring, submitting bids on behalf of, and guaranteeing a non-
Clearing Member auction bidder would itself need to have been approved
by OCC to clear the products on which its sponsored non-Clearing Member
might bid. In addition, the Clearing Member would need to have approved
its sponsored non-Clearing Member to trade in the products on which the
sponsored non-Clearing Member intends to bid. Finally, before
submitting a bid on behalf of any sponsored non-Clearing Member, the
Clearing Member would need to accept that it is willing to guarantee
the sponsored non-Clearing Member's performance should its bid be
selected as the winning bid in the auction. OCC believes these
safeguards obviate the need for maintaining the requirements in current
I&P .02(c) that any non-Clearing Member seeking to become pre-qualified
auction bidders must actively trade in the asset class in which it
proposes to submit bids and must actively trade in markets cleared by
OCC, because they allow OCC to consider a non-Clearing Member's (and/or
its sponsor Clearing Member's) financial strength, demonstrated
activity in the products being auctioned and

qualification to clear transactions in the relevant asset classes at
the time of a particular auction.
    Furthermore, a bidder's pre-qualification does not mean that OCC
would automatically include that bidder in any particular auction.
Rather, OCC would continue to determine an appropriate pool of auction
bidders on a case-by-case basis using the criteria established in I&P
.02(d). OCC believes that reviewing the criteria set forth in I&P
.02(d) with respect to a particular auction is the most appropriate way
for OCC to identify, monitor and manage the material risks arising from
a non-Clearing Member auction participant in accordance with Rule 17Ad-
22(e)(19).\8\ The financial strength, trading activity and Clearing
Member relationships of a non-Clearing Member may vary over time. OCC
in the best position to identify, monitor and manage the material risks
arising from a non-Clearing Member auction participant if it considers
the criteria set forth in I&P .02(d) with respect to a particular
auction portfolio at the time it selects bidders. For the reasons
described above, OCC believes that the removal of the pre-qualification
requirements related to a non-Clearing Member's trading activities
would not materially impact risks to OCC, but would simplify the on-
boarding process in a way that is intended to facilitate on-boarding
potential bidders in future auctions, which potentially could have the
result of increasing participation in future auctions. The potential
for increased participation in future auctions could improve the
ability of OCC to timely liquidate a suspended Clearing Member's
remaining portfolio, which generally would inure to the benefit of
investors and the public.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.17Ad-22(e)(19).
---------------------------------------------------------------------------

    OCC believes that the proposed rule change is also consistent with
Rule 17Ad-22(e)(13) because it is reasonably designed to ensure OCC has
operational capacity to take timely action to contain losses.\9\ As
explained above, OCC believes that by removing certain administrative
obstacles in the process of becoming a pre-qualified auction bidder
(e.g., non-Clearing Members seeking invitations to become pre-qualified
auction bidders posted to OCC's website from time-to-time) and by
removing existing limitations on non-Clearing Members seeking to become
pre-qualified bidders (e.g., a non-Clearing Member must actively trade
in the asset class in which it proposes to submit bids and must
actively trade in markets cleared by OCC), the proposed change would
clarify and further facilitate the process of on-boarding Clearing
Members and non-Clearing Members as potential bidders in future
auctions of a suspended Clearing Member's remaining portfolio. OCC
believes the proposed change would not materially impact risks to OCC
and would simplify the on-boarding process in a way that is intended to
facilitate on-boarding potential bidders in future auctions, which
potentially could have the result of increasing participation in future
auctions. By improving the potential for increased participation in
future auctions, the proposed change is reasonably designed to ensure
OCC has operational capacity to take timely action to contain losses
from a suspended Clearing Member's remaining portfolio.
---------------------------------------------------------------------------

    \9\ 17 CFR 240.17Ad-22(e)(13).
---------------------------------------------------------------------------

    Finally, Section 19(b)(1) of the Act and Rule 19b-4 thereunder set
forth the requirements for self-regulatory organization (``SRO'')
proposed rule changes, including the regulatory filing requirements for
``stated policies, practices and interpretations'' (``SPPIs'').\10\ OCC
proposes to delete current rule text in I&P .02(c) describing OCC's
maintenance of the list of pre-qualified auction bidders. OCC believes
that the current rule text describing OCC's internal administration of
pre-qualified auction bidders is concerned solely with the
administration of OCC, and also is reasonably and fairly implied by the
existing rule text, described herein, establishing the requirements to
become a pre-qualified auction bidder, including the completion any
required auction documentation, and therefore the current rule text
does not constitute an SPPI of OCC. Accordingly, OCC believes the
proposed changes would be consistent with the requirements of Section
19(b)(1) of the Act and Rule 19b-4 thereunder.\11\
---------------------------------------------------------------------------

    \10\ Section 19(b)(1) of the Exchange Act requires an SRO such
as OCC to file with the Commission any proposed rule or any proposed
change in, addition to, or deletion from the rules of such SRO. See
15 U.S.C. 78s(b)(1). Section 3(a)(27) of the Exchange Act defines
``rules of a clearing agency'' to mean its (1) constitution, (2)
articles of incorporation, (3) bylaws, (4) rules, (5) instruments
corresponding to the foregoing and (6) such ``stated policies,
practices and interpretations'' as the Commission may determine by
rule. See 15 U.S.C. 78c(a)(27). Exchange Act Rule 19b-4(a)(6)
defines the term ``SPPI'' to mean, in addition to certain publicly
facing statements, ``any material aspect of the operation of the
facilities of the [SRO].'' See 17 CFR 240.19b-4(a)(6). Rule 19b-4(c)
provides, however, that an SPPI may not be deemed to be a proposed
rule change if it is (i) reasonably and fairly implied by an
existing rule of the SRO or (ii) concerned solely with the
administration of the SRO and is not an SPPI with respect to the
meaning, administration, or enforcement of an existing rule of the
SRO.
    \11\ See 15 U.S.C. 78s(b)(1) and 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    OCC does not believe that the proposed rule change would impose any
burden on competition.\12\ OCC believes the proposed rule change would
not unfairly inhibit access to OCC's services or disadvantage or favor
any particular user in relationship to another user because the
proposed rule change would apply equally to all Clearing Members.
Similarly, OCC believes the proposed rule change would not unfairly
inhibit access to OCC's services or disadvantage or favor any
particular user in relationship to another user because the proposed
rule change would equally impose on non-Clearing Members the minimum
requirements necessary to permit them to participate in auctions (i.e.,
(i) having a Clearing Member sponsor and submit bids on behalf of the
non-Clearing Member, (ii) having a Clearing Member agree to guarantee
and settle any accepted bid made by the non-Clearing Member, and (iii)
completing any required auction documentation in advance). Moreover,
participation in any auction of a suspended Clearing Member's remaining
portfolio is voluntary for Clearing Members and non-Clearing Members;
so no particular user of OCC's services would be required to become a
pre-qualified auction bidder or participate in an auction.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78-q1(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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate 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 or disapprove 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 email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2021-004 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-2021-004. 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 such filing also will be available for inspection
and copying at the principal office of OCC and on OCC's website at
https://www.theocc.com/Company-Information/Documents-and-Archives/By-Laws-and-Rules.
    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 Number SR-OCC-2021-004 and
should be submitted on or before April 27, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-06989 Filed 4-5-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50762-50764]
[FR Doc No: 2023-16366]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0934; Project Identifier AD-2022-01443-T;
Amendment 39-22503; AD 2023-14-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 747-8F and 747-8 series airplanes. This AD was
prompted by a report of cracks in stringers, common to the end
fittings, on the aft side of the bulkhead at station (STA) 2598. This
AD requires detailed inspections of the stringers, common to the end
fittings, forward and aft of the bulkhead at a certain station for
cracking and applicable on-condition actions. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective September 6, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 6,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0934; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA,

call<PHONE_NUMBER>. It is also available at regulations.gov under Docket
No. FAA-2023-0934.

FOR FURTHER INFORMATION CONTACT: Stefanie Roesli, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3964; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all The Boeing Company
(Boeing) Model 747-8F and 747-8 series airplanes. The NPRM published in
the Federal Register on May 8, 2023 (88 FR 29555). The NPRM was
prompted by a report indicating the presence of cracks in stringers,
common to the end fittings, at stringer location S-42L/R and S-46L/R on
the aft side of the bulkhead at station 2598. The airplane had
accumulated 5,517 total flight cycles and 32,468 total flight hours at
time the cracks were found. In addition, during foreign object debris
(FOD) inspections Boeing found five cracks in stringers, common to the
end fittings, at stringer locations S-2L, S-6L, S-8L, and S-2R on the
forward side and S-5L on the aft side of the bulkhead at STA 2598 on
two airplanes. The FAA has also received reports of similar cracks
found on additional airplanes. In all cases, the cracks were found in
the side walls of the stringers and had grown in longitudinal and
transverse directions, but there was no other damage or deformation in
the surrounding area. An investigation by Boeing found that during
airplane assembly, un-shimmed or incorrectly shimmed gaps that were
larger than engineering requirements caused excessive and sustained
internal tensile stresses and resulted in stress corrosion cracking in
the stringers. In the NPRM, the FAA proposed to require detailed
inspections of the stringers, common to the end fittings, forward and
aft of the bulkhead at a certain station for cracking and applicable
on-condition actions. The FAA is issuing this AD to address stress
corrosion cracking in the stringers. This condition, if not addressed,
could lead to a failure of the skin adjacent to the bulkhead at STA
2598, which could adversely affect the structural integrity of the
airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Boeing, who supported the NPRM
without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, this
AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 747-53A2911 RB,
dated November 3, 2022. This service information specifies procedures
for repetitive detailed inspections of the stringers, common to the end
fittings, forward and aft of the bulkhead at STA 2598, for any crack,
and applicable on-condition actions. On-condition actions include
repair. 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 ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 42 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Detailed inspection.............  91 work-hours x $85              $0   $7,735 per           $324,870 per
                                   per hour = $7,735                     inspection cycle.    inspection cycle.
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary repairs
that would be required based on the results of the inspection. The
agency has no way of determining the number of aircraft that might need
these repairs:

                                               On-condition Costs
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost             Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Repair.................................  13 work-hours x $85 per               $600   $1,705 (per stringer).
                                          hour = $1,105.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the

distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (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 Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-14-03 The Boeing Company: Amendment 39-22503; Docket No. FAA-
2023-0934; Project Identifier AD-2022-01443-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 6,
2023.

(b) Affected ADs

    None.

 (c) Applicability

    This AD applies to all The Boeing Company Model 747-8F and 747-8
series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of cracks in stringers, common
to the end fittings, on the aft side of the bulkhead at station
(STA) 2598. The FAA is issuing this AD to address stress corrosion
cracking in the stringers. This condition, if not addressed, could
lead to a failure of the skin adjacent to the bulkhead at STA 2598,
which could adversely affect the structural integrity of the
airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 747-53A2911 RB, dated November 3, 2022,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
747-53A2911 RB, dated November 3, 2022.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
747-53A2911, dated November 3, 2022, which is referred to in Boeing
Alert Requirements Bulletin 747-53A2911 RB, dated November 3, 2022.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time column of the table in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 747-
53A2911 RB, dated November 3, 2022, uses the phrase ``the original
issue date of Requirements Bulletin 747-53A2911 RB,'' this AD
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 747-53A2911 RB,
dated November 3, 2022, specifies contacting Boeing for repair
instructions: This AD requires doing the repair using a method
approved in accordance with the procedures specified in paragraph
(i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager AIR-520 Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or
responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of the certification office,
send it to the attention of the person identified in paragraph (j)
of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, AIR-520
Continued Operational Safety Branch, FAA, to make those findings. To
be approved, the repair method, modification deviation, or
alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.

(j) Related Information

    For more information about this AD, contact Stefanie Roesli,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone:<PHONE_NUMBER>; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 747-53A2911 RB, dated
November 3, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16366 Filed 8-1-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 4, 2009 (Volume 74, Number 41)]
[Notices]
[Page 9467]
[DOCID:fr04mr09-108]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Request Revision From the Office of
Management and Budget of a Currently Approved Information Collection
Activity, Request for Comments; Congestion and Delay Reduction at
Chicago's O'Hare International Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget (OMB) to approve a current
information collection. The final rule addresses persistent flight
delays due to over-scheduling at Chicago O'Hare International Airport.

DATES: Please submit comments by May 4, 2009.

FOR FURTHER INFORMATION CONTACT: Carla Mauney on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA).
    Title: Congestion and Delay Reduction at Chicago's O'Hare
International Airport.
    Type of Request: Extension without change of an approved
collection.
    OMB Control Number: 2120-0716.
    Form(s): There are no FAA forms associated with this collection.
    Affected Public: A total of 32 respondents.
    Frequency: The information is collected every two months.
    Estimated Average Burden per Response: Approximately 37 minutes per
response.
    Estimated Annual Burden Hours: An estimated 1,183 hours annually.
    Abstract: The final rule addresses persistent flight delays due to
over-scheduling at Chicago O'Hare International Airport.

ADDRESSES: Send comments to the FAA at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation Administration, IT Enterprises
Business Services Division, AES-200, 800 Independence Ave., SW.,
Washington, DC 20591.
    Comments are Invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on February 24, 2009.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E9-4358 Filed 3-3-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Rules and Regulations]
[Pages 40602-40605]
[FR Doc No: 2011-17356]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 748 and 754

[Docket No. 110224166-1212-01]
RIN 0694-AF08

Paperwork Reduction Act: Updated List of Approved Information
Collections and Removal of a Redundant Reporting Requirement

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: This rule makes several technical amendments to the Export
Administration Regulations (EAR). This rule corrects one omission of a
publication date in the authority citation paragraph of part 730 of the
Export Administration Regulations. It revises the address of the Bureau
of Industry and Security's (BIS) Western Regional Office at two places
in the EAR to reflect the recent relocation of that office.
Additionally, this rule updates the table of authorized information
collection control numbers in

Supplement No. 1 to part 730 of the EAR to reflect consolidation of
several authorizations relating to license exceptions and exclusions
into a single authorization with a single control number. Finally, this
rule removes a requirement to report to BIS certain exports of oil
transported from the North Slope of Alaska over Federal rights-of-way
granted pursuant to section 203 of the Trans-Alaska Pipeline
Authorization Act because BIS can now obtain this information from the
Automated Export System (AES).

DATES: This rule is effective July 11, 2011.

FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy
Division, Office of Exporter Services, e-mail
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    Through this rule, BIS is undertaking the following actions:

Adding Omitted Date to an Authority Citation

    In a previous rule that, inter alia, updated the authority citation
paragraph for part 730 of the EAR (76 FR 21631, April 18, 2011), BIS
inadvertently omitted the publication date of the most recent
Presidential notice listed in that paragraph. This rule corrects the
omission by adding the date ``January 18, 2011'' to the end of the
authority citation paragraph for part 730 of the EAR.

Updating Address and Telephone Number

    Recently, BIS's Western Regional Office moved to a new location.
This rule revises Sec.  730.8(c) of the EAR to include the address and
telephone number of the new location.

Consolidation of Information Collections

    Supplement No. 1 to part 730 of the EAR contains a table that lists
approved information collections that are related to the EAR. In 2010,
the Office of Management and Budget approved BIS's requests to
consolidate approved information collections that relate license
exceptions or other exemptions from EAR requirements into a single
approved collection with OMB control number 0694-0137, entitled
``License Exemptions and Exclusions.'' Accordingly, this rule removes
the entries for OMB control numbers 0694-0023, 0694-0025, 0694-0027,
0694-0029, 0694-0033, 0694-0086, 0694-0101, 0694-0104, 0694-0106, 0694-
0123 and 0694-0133 from the table and adds an entry for control number
0694-0137.

Removal of Redundant Reporting Requirement

    In 1996, the Department of Commerce created License Exception TAPS
to authorize the export of crude oil from the North Slope of Alaska and
transported over Federal rights-of-way granted pursuant to section 203
of the Trans-Alaska Pipeline Authorization Act (61 FR 27255, May 31,
1996). This license exception required exporters to submit to the
Bureau of Export Administration (the predecessor of BIS) a copy of the
same Shippers Export Declaration that the exporter was required to
submit to U.S. Customs for transmittal to the Bureau of the Census.
Subsequently, U.S. Customs and the Bureau of the Census developed AES,
and required all exporters to use it to electronically submit export
related information that had previously been submitted via paper
declaration. In 2010, the Bureau of the Census gave BIS authorization
to access AES data specific to individual transactions. This
authorization gave BIS access, via the AES system, to export data
connected with License Exception TAPS. Due to this new access, BIS
concluded that the separate reporting requirement created by the TAPS
License Exception was redundant. Accordingly, this rule removes that
reporting requirement from Sec.  754.2 of the EAR.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). This rule
reduces regulatory burdens on the public and accomplishes the goals of
Executive Order 13563. This rule has been determined to be not
significant for purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor is subject to a penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This rule affects a
collection of information approved by OMB under control number 0607-
0137: License Exemptions and Exclusions. BIS estimates that this rule
will reduce the burden associated with that collection by 10 hours
annually. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing the burden, to Jasmeet Seehra, Office of Management and Budget
(OMB), by e-mail to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>;
and to the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, Room 2099B, 14th Street and Pennsylvania Ave.,
NW., Washington, DC 20230 or by e-mail to<EMAIL_ADDRESS>    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. BIS finds that there is good cause under 5 U.S.C. 553(b)(3)(B)
to waive the provisions of the Administrative Procedure Act requiring
prior notice and the opportunity for public comment because they are
unnecessary. This rule (1) updates a statement of legal authority to
state completely the authority conferred by a Presidential decision;
(2) updates an address and telephone number to accurately reflect
current information about BIS's Western Regional Office; (3) updates a
table of approved information collections to reflect decisions already
made by the Office of Management and Budget; and (4) removes a
requirement that certain exporters submit directly to BIS information
that those same exporters are also required to submit to the government
via the AES and that is now available to BIS via that same system. This
rule makes no changes to the rights of any person under the EAR, nor
does it impose any additional burdens or requirements on the public.
The only change that this rule makes to any person's obligations under
the EAR is to relieve some exporters of the requirement to report to
BIS information that they have reported to another government agency
and to which BIS now has ready access.
    In addition, the 30-day delay in effectiveness required by 5 U.S.C.
553(d) is unnecessary and contrary to the public interest here, where
BIS is updating an authority citation, an address and telephone number
and the approved collections table because these are technical changes
that do not alter any right, duty, obligation or prohibition that
applies to any person under the EAR. The 30-day delay is inapplicable
to the removal of the redundant reporting requirement that this rule
provides because such removal grants an exemption from a requirement.

Moreover, any delay in the effective date of the contact information
for BIS's office may cause public confusion and/or errors by the
public; thus delaying the effective date of this regulation is contrary
to the public interest.
    No other law requires that notice of proposed rulemaking and an
opportunity for public comment be given for this rule; therefore, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.

15 CFR Part 748

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 754

    Agricultural commodities, Exports, Forests and forest products,
Horses, Petroleum, Reporting and recordkeeping requirements.

    Accordingly, the Export Administration Regulations (15 CFR parts
730-774) are amended as follows:

PART 730--[AMENDED]

0
1. The authority citation for part 730 is revised to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151
note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C.
1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42
FR 35623, 3 CFR, 1977 Comp., p.133; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O.
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp.,
p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR
26751, 3 CFR, 2004 Comp., p. 168; Notice of August 12, 2010, 75 FR
50681 (August 16, 2010); Notice of November 4, 2010, 75 FR 68673
(November 8, 2010); Notice of January 13, 2011, 76 FR 3009 (January
18, 2011).

0
2. Section 730.8 is amended by revising the last sentence in paragraph
(c) to read as follows:

Sec.  730.8  How to proceed and where to get help.

* * * * *
    (c) * * * General information including assistance in understanding
the EAR, information on how to obtain forms, electronic services,
publications, and information on training programs offered by BIS, is
available from the Office of Export Services at the following
locations: Outreach and Educational Services Division, U.S. Department
of Commerce, 14th and Pennsylvania Avenue, NW., Room H1099D,
Washington, DC 20230, Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, and
Bureau of Industry and Security, Western Regional Office, U.S.
Department of Commerce, 2302 Martin St., Suite 330, Irvine, CA 92612,
Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, and Bureau of Industry and
Security, Western Regional Office, Northern California Branch, U.S.
Department of Commerce, 160 W. Santa Clara Street, Suite 725, San Jose,
CA 95113, Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>.

0
3. The table in Supplement No. 1 to part 730 is amended by:
0
a. Removing the entries for collection numbers 0694-0023, 0694-0025,
0694-0027, 0694-0029, 0694-0033, 0694-0086, 0694-0101, 0694-0104, 0694-
0106, 0694-0123 and 0694-0133; and
    b. Adding immediately following the entry for collection number
0694-0134 and immediately preceding the entry for collection number
0607-0152, a new entry for collection number 0694-0137 to read as
follows:

Supplement No. 1 to Part 730--Information Collection Requirements Under
the Paperwork Reduction Act: OMB Control Numbers

----------------------------------------------------------------------------------------------------------------
           Collection No.                       Title                          Reference in the EAR
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
0694-0137..........................  License Exemptions and       Sec.   734.4, Supplement No. 2 to part 734,
                                      Exclusions.                  Sec.  Sec.   740.3(d), 740.4(c),
                                                                   740.9(a)(2)(viii)(B), 740.9(c), 740.13(e),
                                                                   740.12(b)(7), 740.17, 740.18, Supp. No. 2 to
                                                                   Part 740, Sec.  Sec.   742.15, 743.1, 743.3,
                                                                   754.2, 754.4, 762.2(b) and Supplement No. 1
                                                                   to part 774

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 748--[AMENDED]

0
4. The authority citation for part 748 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2010, 75
FR 50681 (August 16, 2010).

0
5. Section 748.2 is amended by revising paragraph (a) to read as
follows:

Sec.  748.2  Obtaining forms; mailing addresses.

    (a) You may obtain the forms required by the EAR from any U.S.
Department of Commerce District Office; or in person or by telephone or
facsimile from the following BIS offices:
    (1) Outreach and Educational Services Division, U.S. Department of
Commerce, 14th Street and Pennsylvania Ave., NW., Room H1099D,
Washington, DC 20230, Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, or
    (2) Western Regional Office, Northern California Branch, U.S.
Department of Commerce, 2302 Martin St., Suite 330, Irvine, CA 92612,
Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, or
    (3) Bureau of Industry and Security, 160 W. Santa Clara Street,
Suite 725, San Jose, CA 95113, Tel:<PHONE_NUMBER> or<PHONE_NUMBER>,
Fax:<PHONE_NUMBER>.
* * * * *

PART 754--[AMENDED]

0
6. The authority citation for part 754 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 30 U.S.C. 185(s), 185(u); 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; E.O. 11912, 41 FR
15825, 3 CFR, 1976 Comp., p.

114; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 12, 2010, 75 FR 50681 (August 16, 2010).

Sec.  754.2--[Amended]

0
7. Section 754.2 is amended by removing paragraph (j)(2) and
redesignating paragraph (j)(3) as paragraph (j)(2) .

    Dated July 1, 2011.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. 2011-17356 Filed 7-8-11; 8:45 am]
BILLING CODE 3510-33-P