[Federal Register Volume 79, Number 205 (Thursday, October 23, 2014)]
[Notices]
[Pages 63456-63458]
[FR Doc No: 2014-25207]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73389; File No. SR-FICC-2014-01]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving Proposed Rule Change To Amend the Government Securities
Division Rulebook in Order To Establish an Early Unwind Intraday Charge
in Connection With the Inclusion of GCF Repo[supreg] Positions in GSD's
Intraday Participant Clearing Fund Requirement, and GSD's Hourly
Internal Surveillance Cycles

October 17, 2014.

I. Introduction

    On August 11, 2014, the Fixed Income Clearing Corporation
(``FICC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-FICC-2014-01 pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder.\2\ The proposed rule

change was published for comment in the Federal Register on August 29,
2014.\3\ The Commission received no comment letters in response to the
proposed rule change. For the reasons discussed below, the Commission
is approving the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4. FICC also filed a proposed change as an
advance notice concerning GSD's inclusion of GCF[supreg] repo
positions in its intraday participant clearing fund requirement
calculation and its hourly internal surveillance cycles under
Section 806(e)(1) of the Payment, Clearing, and Settlement
Supervision Act of 2010 (``Payment, Clearing and Settlement
Supervision Act). 12 U.S.C. 5465(e)(1). Securities Exchange Act
Release No. 71469 (February 4, 2014), 79 FR 7722 (February 10, 2014)
(SR-FICC-2014-801). FICC subsequently amended the advance notice to
establish the Early Unwind Intraday Charge described herein.
Securities Exchange Act Release No. 73187 (September 23, 2014), 79
FR 58007 (September 26, 2014) (SR-FICC-2014-801).
    \3\ Securities Exchange Act Release No. 72908 (August 25, 2014),
79 FR 51630 (August 29, 2014) (SR-FICC-2014-01).
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II. Description

    FICC proposed to amend the Government Securities Division (``GSD'')
Rulebook (the ``Rules'') in order to establish an Early Unwind Intraday
Charge (``EUIC'') to protect against the exposure that may result from
a member's intraday substitution of cash for securities that were used
as collateral for a GCF Repo[supreg] position the prior day (``Cash
Substitution'') or a clearing bank unwind of the cash lending side of
the transaction for an inter-bank GCF Repo transaction at 7:30 a.m.
(ET) (``Early Unwind'') \4\ in connection with including the underlying
collateral pertaining to the GCF Repo[supreg] \5\ positions in GSD's
noon intraday \6\ participant Clearing Fund requirement (``CFR'')
calculation, and its hourly internal surveillance cycles.
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    \4\ The Early Unwind refers to the automatic return of the
collateral from the reverse repo side (cash lender) to FICC's
account at the repo side's (cash borrower's) settlement bank and the
return of cash to the reverse repo side, which typically occurs
before the opening of Fedwire.
    \5\ The GCF Repo[supreg] service enables dealers to trade
general collateral repos, based on rate, term, and underlying
product, throughout the day without requiring intra-day, trade-for-
trade settlement on a Deliver-versus-Payment (``DVP'') basis. The
service fosters a highly liquid market for securities financing. GCF
Repo[supreg] is a registered trademark of The Depository Trust &
Clearing Corporation.
    \6\ Noon intraday refers to the routine intraday margining cycle
which is based on a 12:00 p.m. (ET) position snap shot. Pursuant to
Rule 4, FICC may request additional margin outside of the formal
intraday margin calls.
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Background

    On January 10, 2014, FICC filed advance notice SR-FICC-2014-801 \7\
(``Advance Notice'') with the Commission. This filing describes FICC's
proposal to include the underlying collateral pertaining to the GCF
Repo[supreg] positions in its noon intraday participant CFR
calculation, and its hourly internal surveillance cycles. FICC intended
this enhancement to align GSD's risk management calculations and
monitoring with the changes that have been implemented to the tri-party
infrastructure by the Tri-Party Repo Infrastructure Reform Task Force
(``Task Force''),\8\ specifically, with respect to locking up of GCF
Repo[supreg] collateral until 3:30 p.m. (ET) rather than 7:30 a.m.
(ET). Subsequent to the initial Advance Notice filing, FICC discovered
that under the proposed change, a potential exposure may result from a
GCF Repo[supreg] participant's Cash Substitutions and Early Unwinds. As
a result, on August 11, 2014, FICC filed this proposed rule change.\9\
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    \7\ See supra note 2.
    \8\ The Task Force was formed in September 2009 under the
auspices of the Payments Risk Committee, a private-sector body
sponsored by the Federal Reserve Bank of New York. The Task Force's
goal is to enhance the repo market's ability to navigate stressed
market conditions by implementing changes that help better safeguard
the market. DTCC, FICC's parent company, has worked in close
collaboration with the Task Force on their reform initiatives.
    \9\ At the same time, FICC filed Amendment No. 1 to the Advance
Notice with the Commission, which contains the same change. See
supra note 2.
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    Specifically, FICC discovered that there were instances where
exposure to FICC arose as a result of certain Cash Substitutions or
Early Unwind. This is because the noon intraday underlying collateral
pertaining to the GCF Repo[supreg] positions of impacted participants
may exhibit a different risk profile than their same end-of-day
(``EOD'') \10\ positions. The impact could be to increase or decrease
the Value-at-Risk (``VaR'') component of the CFR.
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    \10\ As used herein, ``prior EOD'' refers to the end of day
cycle immediately preceding the current noon intraday cycle and
``same EOD'' refers to the end of day cycle immediately subsequent
to the current noon intraday cycle.
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    In certain instances, Cash Substitutions, for repo and reverse repo
positions and Early Unwinds for reverse repo positions, could result in
higher cash balances in the underlying collateral pertaining to GCF
Repo[supreg] positions at noon intraday than the same EOD, and could
present a potential under-margin condition because cash collateral is
not margined. In addition, FICC noted that it is likely that the cash
will be replaced by securities in the next GCF Repo[supreg] allocation
of collateral. The under-margin condition will exist overnight because
the VaR on the GCF Repo[supreg] collateral in the same EOD cycle will
not be calculated until after Fedwire is closed thus precluding members
from satisfying margin deficits until the morning of the next business
day.
(b) Proposed Change
    FICC's rule change amends GSD's Rules to establish the EUIC to
protect against the exposure that may result from a member's Cash
Substitutions or Early Unwinds.\11\ GSD will adjust the noon intraday
CFR in the form of an EUIC to address this risk. In order to determine
whether an EUIC should be applied, GSD will take the following steps:
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    \11\ If, however, a member is assessed an EUIC under
circumstances that were not initially contemplated and the EUIC
charge is deemed unnecessary, FICC management has the discretion to
waive such charge.
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    1. At noon, GSD will compare the prior EOD VaR component of the CFR
calculation with the current day's noon intraday VaR component of the
CFR calculation.
    2. If the current day's noon intraday VaR calculation is equal to
or higher than the prior EOD's VaR calculation then GSD will not apply
an EUIC. If however, the current day's noon calculation is lower, then
GSD will proceed to the step 3 below.
    3. GSD will review the GCF Repo[supreg] participant's DVP and GCF
Repo[supreg] portfolio to determine whether the reduction in the noon
calculation may be attributable to Cash Substitutions or Early Unwinds.
If so, then GSD will apply the EUIC.
    4. At the participant level, the EUIC \12\ will be the lesser of
(i) the net VaR decrease that may be deemed to be attributable to
either cash substitutions and/or early unwind of interbank allocations
or (ii) the prior EOD VaR minus the noon intraday VaR.\13\
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    \12\ The EUIC will be included in the noon intraday participant
CFR, but not the same EOD CFR. This is because the risk associated
with cash lockups exists at intraday, that is, at any time before at
EOD. At EOD in the normal course of business, GCF Repo[supreg]
positions consist of 100% eligible non-cash securities. GCF
Repo[supreg] is used for overnight financing of securities
inventory. Absent extraordinary circumstances, participants do not
use cash to collateralized overnight cash loans. Cash Substitutions
occur at intraday as participants substitute in cash to withdraw
securities they need for intraday deliveries.
    \13\ In the event that a Cash Substitution or Early Unwind
impacts the CFR, the prior end of day CFR is used as a proxy for the
same end of day CFR for the portion of the portfolio that is
impacted by such Cash Substitutions or Early Unwind of interbank
allocations. The EUIC is designed to prevent the impact of Cash
Substitutions and Early Unwind of interbank allocations from unduly
reducing noon intraday CFR relative to the prior EOD CFR
calculation, thus the EUIC will not increase the noon intraday CFR
above the prior EOD CFR calculation. (But the noon intraday CFR
calculation exclusive of EUIC could be higher than the prior EOD CFR
calculation).
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    The EUIC for Cash Substitutions will apply to the repo side (cash
borrower) and the reverse repo side (cash lender) of the transaction.
As such, the reverse repo side is subject to the EUIC notwithstanding
its inability to control the Cash Substitutions. The EUIC for Cash
Substitutions applies to the reverse repo side because although they do
not initiate the Cash Substitutions, the Cash Substitutions change the
participant's risk profile and as a result, their noon

intraday CFR could be unduly reduced. The EUIC for Early Unwinds will
only apply to the reverse repo side (cash lender) since it is only the
reverse side whose lockup is unwound early. The securities subject to
the Early Unwind are not returned to the repo side (cash borrower) in
connection with Early Unwinds. Early Unwinds are performed on the
reverse repo side to ensure that the underlying collateral is available
to the repo side at its settlement bank. As such, the reverse repo side
is subject to the EUIC notwithstanding its inability to control the
Early Unwind as their noon intraday CFR could be unduly reduced as a
result of such Early Unwinds. GSD has discussed the EUIC with the
participants that are likely to be materially impacted by this proposed
charge. These participants did not express any concerns about the EUIC.
    There is no automatic unwind (return of securities) to the repo
side. If the repo side needs its securities before the 3:30 p.m. (ET)
scheduled unwind, it may perform a securities-for-securities
substitution or a cash-for-securities substitution (in which case it
may be subject to the EUIC).

III. Discussion

    Section 19(b)(2)(C) of the Act \14\ directs the Commission to
approve a self-regulatory organization's proposed rule change if the
Commission finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such organization. Section 17A(b)(3)(F) of the Act \15\
requires, among other things, that the rules of a clearing agency are
designed to assure the safeguarding of securities and funds which are
in the custody or control of the clearing agency or for which it is
responsible.
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    \14\ 15 U.S.C. 78s(b)(2)(C).
    \15\ 15 U.S.C. 78q-1(b)(3)(F).
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    The Commission finds that the proposed rule change to establish the
EUIC to protect against the exposure that may result from intraday Cash
Substitutions and Early Unwinds in connection with FICC's proposal to
include the underlying collateral pertaining to the GCF Repo[supreg]
positions in GSD's noon intraday participant CFR calculation and hourly
internal surveillance cycles is consistent with Section 17A(b)(3)(F) of
the Act.\16\ Although the inclusion of GCF Repo[supreg] positions into
intraday participant CFR calculations and hourly surveillance cycles
may better reflect the actual risk in its members' portfolios, the
inclusion of the EUIC may allow FICC to use even more accurate and
current position information in its margin calculations and mitigate
the effects of Cash Substitutions and Early Unwinds that occur during
the intraday period. This more accurate margin calculation may allow
FICC to better safeguard and secure securities and funds which are in
its custody or control or for which it is responsible.
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    \16\ 15 U.S.C. 78q-1(b)(3)(F).
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    The proposed change is also consistent with Rule 17Ad-22 \17\ of
the Clearing Agency Standards which establishes the minimum
requirements regarding how registered clearing agencies must maintain
effective risk management procedures and controls. Specifically, Rule
17Ad-22(b)(1) requires a clearing agency that performs CCP services to
establish, implement, maintain, and enforce written policies reasonably
designed to measure its credit exposures at least daily and to limit
exposures to potential losses from defaults by participants under
normal market conditions so that the operations of the clearing agency
should not be disrupt and non-defaulting participants would not be
exposed to losses that they cannot anticipate or control.\18\ Rule
17Ad-22(b)(2) requires FICC to establish, implement, maintain, and
enforce written policies and procedures reasonably designed to use
margin requirements to limit its credit exposures to participants under
normal market conditions and use risk-based models and parameters to
set margin requirements.\19\ To these ends, the change may provide FICC
with a more accurate measurement of daily credit exposure using a risk-
based model and is designed to address exposures that may occur from
intraday activity. In sum, FICC's more accurate and timely calculations
around and monitoring of GCF Repo[supreg] activity should better enable
FICC to respond in the event that a member defaults.
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    \17\ 17 CFR 240.17Ad-22.
    \18\ 17 CFR 240.17Ad-22(b)(1).
    \19\ 17 CFR 240.17Ad-22(b)(2).
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IV. Conclusion

    On the basis of the foregoing, the Commission concludes that the
proposal is consistent with the requirements of the Act, particularly
the requirements of Section 17A of the Act,\20\ and the rules and
regulations thereunder.
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    \20\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\21\ that the proposed rule change (File No. SR-FICC-2014-01) be
and hereby is approved.\22\
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    \21\ 15 U.S.C. 78s(b)(2).
    \22\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \23\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\23\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-25207 Filed 10-22-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Proposed Rules]
[Pages 25898-25902]
[FR Doc No: 2013-10481]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0364; Directorate Identifier 2011-NM-114-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain The Boeing Company Model 747 series
airplanes. The existing AD currently requires inspection of the
fuselage skin lap splice between body station (BS) 340 and BS 400 at
stringers (S)-6L and S-6R, and repair, if necessary. Since we issued
that AD, analysis results indicated that the protruding head fastener
modification and related post-modification inspections currently
required are not adequate to prevent cracking at the upper row of
fasteners in the stringer 6 lap joint before the cracks reach a
critical length. This proposed AD would add new repetitive inspections
for cracking in the stringer 6 skin lap splice, which would terminate
the existing inspections; and eventual modification of the lap splice,
which would terminate the repetitive inspections; post-modification
inspections; and corrective actions if necessary. This proposed AD
would also add airplanes to the applicability. We are proposing this AD
to detect and correct cracking at the upper row of fasteners in the
stringer(s) 6 lap joint, which could result in a sudden loss of cabin
pressurization and the inability of the fuselage to withstand failsafe
loads.

DATES: We must receive comments on this proposed AD by June 17, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced 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>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0364;
Directorate Identifier 2011-NM-114-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On October 25, 1990, we issued AD 90-23-14, Amendment 39-6801
(Docket No. 90-NM-110-AD; 55 FR 46652, November 6, 1990), for certain
The Boeing Company Model 747 series airplanes. AD 90-23-14 superseded
AD 85-17-05, Amendment 39-5123 (Docket No. 85-NM-36-AD; 50 FR 33334,
August 19, 1985). AD 90-23-14 requires inspection of the fuselage skin
lap splice between BS 340 and BS 400 at S-6L and S-6R, and repair if
necessary. AD 90-23-14 resulted from the FAA's determination to remove
the crack repair deferral option permitted in AD 85-17-05. We issued AD
90-23-14 to prevent a sudden loss of cabin pressurization and the
inability of the fuselage to withstand failsafe loads.

Actions Since Existing AD (AD 90-23-14, Amendment 39-6801 (Docket No.
90-NM-110-AD; 55 FR 46652, November 6, 1990)) Was Issued

    Since we issued AD 90-23-14, Amendment 39-6801 (Docket No. 90-NM-
110-AD; 55 FR 46652, November 6, 1990), analysis results have indicated
that the post-modification inspections required by that AD for
airplanes with an (optional) protruding head fastener modification are
not adequate to prevent cracking at the upper row of fasteners in the
stringer 6 lap joint before they reach a critical length.
    We have also determined that the stretched upper deck (SUD)
modified airplanes that were added in Boeing Special Attention Service
Bulletin 747-53-2253, Revision 4, dated September 9, 2010, have a
unique configuration at the S-6 lap splice in Section 41. This
configuration was determined not to be equivalent to the improved
configuration used after line number 603 in terms of fatigue life. This
determination was made after the S-6 splice was re-evaluated to remove
the protruding head fastener modification option, which was
incorporated in Boeing Special Attention Service Bulletin 747-53-2253,
Revision 4, dated September 9, 2010. For the SUD modified airplanes,
inspections specified in Boeing Alert Service Bulletin 747-53A2809,
dated June 18, 2009, are currently required by other ADs. In addition,
the external doubler modification specified in Boeing Service Bulletin
747-53-2272, is currently required by other ADs. Boeing Special
Attention Service Bulletin 747-53-2253, Revision 4, dated September 9,
2010, therefore added the post-mod inspections for the SUD modified
airplanes in lieu of revising the existing service information that is
required by other ADs.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 747-53-2253,
Revision 4, dated September 9, 2010. For information on the procedures
and compliance times, see this service information at http://www.regulations.gov gov by searching for Docket No. FAA-2013-0364.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 90-23-14,
Amendment 39-6801 (Docket No. 90-NM-110-AD; 55 FR 46652, November 6,
1990). This proposed AD would add new repetitive inspections for
cracking in the stringer 6 skin lap splice, which would terminate the
existing inspections; eventual modification of the lap splice, which
would terminate the repetitive inspections; post-modification
inspections; and corrective actions if necessary. This proposed AD
would also add airplanes to the applicability. This proposed AD would
require accomplishing the actions specified in the service information
described previously, except as discussed under ``Differences Between
the Proposed AD and the Service Information.''
    The phrase ``related investigative actions'' might be used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that (1) are related to the primary actions, and (2) further
investigate the nature of any condition found. Related investigative
actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in
this proposed AD. ``Corrective actions'' are actions that correct or
address any condition found. Corrective actions in an AD could include,
for example, repairs.

Differences Between the Proposed AD and the Service Information

    Boeing Special Attention Service Bulletin 747-53-2253, Revision 4,
dated September 9, 2010, specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 90-23-14,
Amendment 39-6801 (Docket No. 90-NM-110-AD; 55 FR 46652, November 6,
1990). Since AD 90-23-14 was issued, the AD format has been revised,
and certain paragraphs have been rearranged. As a result, the
corresponding paragraph identifiers have changed in this proposed AD,
as listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
 Requirement in AD 90-23-14, Amendment 39-
6801 (Docket No. 90-NM-110-AD;55 FR 46652,  Corresponding requirement in
             November 6, 1990)                    this proposed AD
------------------------------------------------------------------------
paragraph (A).............................  paragraph (g)
paragraph (B).............................  paragraph (h)
paragraph (C).............................  paragraph (i)
paragraph (D).............................  paragraph (j)
------------------------------------------------------------------------

    We have also added new paragraph (o)(3) to this proposed AD to
clarify that if any cracking is found during any inspection required by
this proposed AD, and Boeing Special Attention Service Bulletin 747-53-
2253, Revision 2, dated March 29, 1990, specifies to contact Boeing for
appropriate action, this proposed AD would require repairing the crack
using a method approved in accordance with the procedures specified in
paragraph (q) of this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 76 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspections from AD 90-   8 work-hours x $85               $0  $680 per inspection  $51,680 per
 23-14, Amendment 39-6801 (Docket   per hour = $680                      cycle.               inspection cycle
 No. 90-NM-110-AD; 55 FR 46652,     per inspection
 November 6, 1990).                 cycle.
New proposed pre-modification      8 work-hours x $85               $0  $680 per inspection  $51,680 per
 inspections.                       per hour = $680                      cycle.               inspection cycle
                                    per inspection
                                    cycle.
New proposed modification........  204 work-hours x                 $0  $17,340............  $1,317,840
                                    $85 per hour =
                                    $17,340.
New proposed post-modification     12 work-hours x $85              $0  $1,020 per           $77,520
 inspections.                       per hour = $1,020                    inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We have 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
90-23-14, Amendment 39-6801 (Docket No. 90-NM-110-AD; 55 FR 46652,
November 6, 1990), and adding the following new AD:

The Boeing Company: Docket No. FAA-2013-0364; Directorate Identifier
2011-NM-114-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by June 17,
2013.

(b) Affected ADs

    This AD supersedes AD 90-23-14, Amendment 39-6801 (55 FR 46652,
November 6, 1990).

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B,
747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series
airplanes, certificated in any category, as identified in Boeing
Special Attention Service Bulletin 747-53-2253, Revision 4, dated
September 9, 2010.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by analysis results indicating that the
protruding head fastener modification and related post-modification
inspections currently required are not adequate to prevent cracking
at the upper row of fasteners in the stringer (S)-6 lap joint before
the cracks reach a critical length. We are issuing this AD to detect
and correct cracking at the upper row of fasteners in the S-6 lap
joint, which could result in a sudden loss of cabin pressurization
and the inability of the fuselage to withstand failsafe loads.

(f) Compliance

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

(g) Retained Inspection for Unmodified Airplanes With Revised Service
Information

    This paragraph restates the requirements of paragraph (A) of AD
90-23-14, Amendment 39-6801 (Docket No. 90-NM-110-AD; 55 FR 46652,
November 6, 1990), with revised service information. For airplanes
identified in Boeing Service Bulletin 747-53-2253, Revision 2, dated
March 29, 1990, and that have not been modified as specified in
Boeing Service Bulletin 747-53-2253, Revision 2, dated March 29,
1990; In accordance with the schedule indicated below, perform a
high frequency eddy current (HFEC) inspection of the fuselage lap
joint for cracks between body station (BS) 340 and BS 400, or aft as
far as the crew door, at stringer S-6L and S-6R, in accordance with
Boeing Service Bulletin 747-53-2253, Revision 2, dated March 29,
1990; or Boeing Special Attention Service Bulletin 747-53-2253,
Revision 4, dated September 9, 2010. As of the effective date of
this AD, only Boeing Special Attention Service Bulletin 747-53-2253,
Revision 4, dated September 9, 2010, may be used to accomplish the
actions required by this paragraph.
    (1) Inspection Schedule:
    (i) Unless previously accomplished within the last 2,750
landings, perform the initial inspection within the next 250
landings after December 11, 1990 (the effective date of AD 90-23-14,
Amendment 39-6801 (Docket No. 90-NM-110-AD; 55 FR 46652, November 6,
1990)), or prior to the accumulation of 10,000 landings after the
modification, whichever occurs later.
    (ii) Repeat the inspection thereafter at intervals not to exceed
3,000 landings.

    (2) If cracks are found, repair prior to further flight, in
accordance with Boeing Service Bulletin 747-53-2253, Revision 2,
dated March 29, 1990; or Boeing Special Attention Service Bulletin
747-53-2253, Revision 4, dated September 9, 2010. As of the
effective date of this AD, only Boeing Special Attention Service
Bulletin 747-53-2253, Revision 4, dated September 9, 2010, may be
used to accomplish the actions required by this paragraph.

(h) Retained Inspection for Modified Airplanes With Revised Service
Information

    This paragraph restates the requirements of paragraph (B) of AD
90-23-14, Amendment 39-6801 (Docket No. 90-NM-110-AD; 55 FR 46652,
November 6, 1990), with revised service information. For airplanes
identified in Boeing Service Bulletin 747-53-2253, Revision 2, dated
March 29, 1990, and that have been modified as specified in Boeing
Service Bulletin 747-53-2253, Revision 2, dated March 29, 1990; In
accordance with the schedule below, perform an HFEC inspection of
the fuselage lap joint for cracks between BS 340 and BS 400, or aft
as far as the crew door, at S-6L and S-6R, in accordance with Boeing
Service Bulletin 747-53-2253, Revision 2, dated March 29, 1990, or
Boeing Special Attention Service Bulletin 747-53-2253, Revision 4,
dated September 9, 2010. As of the effective date of this AD, use
only Boeing Special Attention Service Bulletin 747-53-2253, Revision
4, dated September 9, 2010, to accomplish the action required by
this paragraph. Accomplishment of the actions required by paragraph
(k) of this AD terminates the requirements of this paragraph.
    (1) Inspection Schedule:
    (i) Unless previously accomplished within the last 2,750
landings, perform the initial inspection within the next 250
landings after December 11, 1990 (the effective date of AD 90-23-14,
Amendment 39-6801 (Docket No. 90-NM-110-AD; 55 FR 46652, November 6,
1990)), or prior to the accumulation of 10,000 landings after the
modification, whichever occurs later.
    (ii) Repeat the inspection thereafter at intervals not to exceed
3,000 landings.
    (2) If cracks are found, repair prior to further flight, in
accordance with Boeing Service Bulletin 747-53-2253, Revision 2,
dated March 29, 1990; or Boeing Special Attention Service Bulletin
747-53-2253, Revision 4, dated September 9, 2010. As of the
effective date of this AD, only Boeing Special Attention Service
Bulletin 747-53-2253, Revision 4, dated September 9, 2010, may be
used to accomplish the actions required by this paragraph.

(i) Retained Landing Determination

    This paragraph restates the provisions of paragraph (C) of AD
90-23-14, Amendment 39-6801 (Docket No. 90-NM-110-AD; 55 FR 46652,
November 6, 1990), with compliance time limitation. For purposes of
complying with paragraphs (g) and (h) of this AD, the number of
landings may be determined to be equal to the number of
pressurization cycles where the cabin pressure differential was
greater than 1.5 pounds per square inch (psi); After the effective
date of this AD, the 1.5 psi cabin pressure differential is not
allowed.

(j) Retained Inspection Adjustment Factor

    This paragraph restates the requirements of paragraph (D) of AD
90-23-14, Amendment 39-6801 (55 FR 46652, November 6, 1990) with
compliance time limitation. For Model 747SR airplanes only: Based on
a continued mixed operation of lower cabin differentials, the
initial inspection thresholds and the repetitive inspection
intervals specified in paragraphs (g) and (h) of this AD may be
multiplied by a 1.2 adjustment factor; After the effective date of
this AD, the 1.2 adjustment factor is not allowed.

(k) New Inspections: Groups 1 Through 5 Airplanes

    For airplanes in Groups 1 through 5, as identified in Boeing
Special Attention Service Bulletin 747-53-2253, Revision 4, dated
September 9, 2010: At the time specified in Table 1 of paragraph
1.E., ``Compliance,'' of Boeing Special Attention Service Bulletin
747-53-2253, Revision 4, dated September 9, 2010, except where Table
1 of paragraph 1.E., ``Compliance,'' of Boeing Special Attention
Service Bulletin 747-53-2253, Revision 4, dated September 9, 2010,
refers to a compliance time of 250 flight cycles after December 11,
1990 (the effective date of AD 90-23-14, Amendment 39-6801 (Docket
No. 90-NM-110-AD; 55 FR 46652, November 6, 1990)), the compliance
time in this AD is 250 flight cycles after the effective date of
this AD; do external detailed and HFEC inspections for cracks in the
stringer 6 skin lap splice, and do all applicable corrective
actions, as applicable; in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 747-53-
2253, Revision 4, dated September 9, 2010, except as required by
paragraph (o) of this AD. Do all applicable corrective actions at
the applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Special Attention Service Bulletin 747-53-2253, Revision 4,
dated September 9, 2010. Accomplishment of the actions required by
this paragraph terminates the requirements of paragraphs (g) and (h)
of this AD.

(l) New Repetitive Pre-modification Inspections: Groups 1 Through 5
Airplanes

    For airplanes in Groups 1 through 5, as identified in Boeing
Special Attention Service Bulletin 747-53-2253, Revision 4, dated
September 9, 2010: Repeat the inspections required by paragraph (k)
of this AD at the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 747-53-
2253, Revision 4, dated September 9, 2010, until accomplishment of
the modification required by paragraph (m) of this AD.

(m) New Modification: Groups 1 Through 5 Airplanes

    (1) For airplanes in Groups 1 through 5, as identified in Boeing
Special Attention Service Bulletin 747-53-2253, Revision 4, dated
September 9, 2010, on which the structural repair manual (SRM)
repair specified in Part 1 of the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 747-53-2253, Revision 4,
dated September 9, 2010, has not been done: Before the accumulation
of 20,000 total flight cycles, or within 1,000 flight cycles after
the effective date of this AD, whichever occurs later, install the
doubler modification, and do all applicable related investigative
and corrective actions, in accordance with Part 3 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 747-53-2253, Revision 4, dated September 9, 2010. All
applicable related investigative and corrective actions must be done
before further flight. Compliance with the requirements of this
paragraph terminates the requirements of paragraphs (k) and (l) of
this AD.
    (2) For airplanes in Groups 1 through 5, as identified in Boeing
Special Attention Service Bulletin 747-53-2253, Revision 4, dated
September 9, 2010, on which the SRM repair specified in Part 1 of
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 747-53-2253, Revision 4, dated September 9, 2010, has been
done: Within 3,000 flight cycles after accomplishing the SRM repair
or within 1,000 flight cycles after the effective date of this AD,
whichever occurs later, install the doubler modification, and do all
applicable related investigative and corrective actions, in
accordance with Part 3 of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 747-53-2253, Revision 4, dated
September 9, 2010. All applicable related investigative and
corrective actions must be done before further flight. Compliance
with the requirements of this paragraph terminates the requirements
of paragraphs (k) and (l) of this AD.

(n) New Repetitive Post-modification Inspections: Modified Airplanes

    For airplanes modified as specified in Part 3 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 747-53-2253, Revision 4, dated September 9, 2010, at the
applicable time specified in Table 3 or 4 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 747-53-
2253, Revision 4, dated September 9, 2010: Do detailed and eddy
current inspections to detect cracking of the skin, frames, and tear
straps, as applicable, in accordance with Part 4 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 747-53-2253, Revision 4, dated September 9, 2010. If any
crack is found, repair before further flight using a method approved
in accordance with the procedures specified in paragraph (q) of this
AD. Repeat the applicable inspections thereafter at the applicable
times specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 747-53-2253, Revision 4, dated September
9, 2010.

(o) Exceptions to Service Information Specifications

    (1) If any cracking is found during any inspection required by
this AD, and Boeing Special Attention Service Bulletin 747-53-2253,
Revision 4, dated September 9, 2010; specifies to contact Boeing for
appropriate action: Before further flight, repair the crack using a
method approved in accordance with

the procedures specified in paragraph (q) of this AD.
    (2) Although Boeing Special Attention Service Bulletin 747-53-
2253, Revision 4, dated September 9, 2010, specifies to submit
certain information to the manufacturer, this AD does not include
that requirement.
    (3) As of the effective date of this AD, if any cracking is
found during any inspection required by this AD, and Boeing Special
Attention Service Bulletin 747-53-2253, Revision 2, dated March 29,
1990, specifies to contact Boeing for appropriate action: Before
further flight, repair the crack using a method approved in
accordance with the procedures specified in paragraph (q) of this
AD.

(p) Credit for Previous Actions

    This paragraph provides credit for the repairs and doubler
modifications required by paragraphs (k) and (m) of this AD, if
those actions were performed before the effective date of this AD
using the service information specified in paragraphs (p)(1) through
(p)(4) of this AD. Post-modification inspections must continue, as
required by paragraph (n) of this AD.
    (1) Boeing Service Bulletin 747-53-2253, dated December 14,
1984, which is not incorporated by reference in this AD.
    (2) Boeing Service Bulletin 747-53-2253, Revision 1, dated
January 25, 1990, which is not incorporated by reference in this AD.
    (3) Boeing Service Bulletin 747-53-2253, Revision 2, dated March
29, 1990.
    (4) Boeing Service Bulletin 747-53-2253, Revision 3, dated March
24, 1994, which is not incorporated by reference in this AD.

(q) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 90-23-14,
Amendment 39-6801 (Docket No. 90-NM-110-AD; 55 FR 46652, November 6,
1990), are approved as AMOCs for the corresponding provisions of
this AD:
    (5) AMOCs approved previously for the ADs specified in
paragraphs (q)(5)(i) through (q)(5)(vi) of this AD, for repair and
doubler modification installations in the area affected by Boeing
Special Attention Service Bulletin 747-53-2253, Revision 4, dated
September 9, 2010, are approved as AMOCs for the actions specified
in paragraphs (g), (h), (k), (l), and (m) of this AD. The post-
modification inspections required by paragraph (n) of this AD must
be accomplished.
    (i) AD 2010-10-05, Amendment 39-16284 (75 FR 27424, May 17,
2010).
    (ii) AD 2010-09-03, Amendment 39-16268 (75 FR 22514, April 29,
2010).
    (iii) AD 2009-04-16, Amendment 39-15822 (74 FR 8737, February
26, 2009). (iv) AD 91-11-01, Amendment 39-6997 (56 FR 22306, May 15,
1991).
    (v) AD 90-06-06 Amendment 39-6490 (55 FR 8374, March 7, 1990).
    (vi) AD 2006-24-02 Amendment 39-14831 (71 FR 67445, November 22,
2006).

(r) Related Information

    (1) For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
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>.

    Issued in Renton, Washington, on April 24, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-10481 Filed 5-2-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Notices]
[Page 43606]
[FR Doc No: 2012-18133]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2011-0022]

Preliminary Damage Assessment for Individual Assistance
Operations Manual (9327.2-PR)

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability.

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SUMMARY: This document provides notice of the availability of the final
Preliminary Damage Assessment for Individual Assistance Operations
Manual (9327.2-PR). The Federal Emergency Management Agency (FEMA)
published a notice of availability and request for comment for the
proposed policy on October 13, 2011.

DATES: This manual is effective July 18, 2012.

ADDRESSES: This final manual is available online at http://www.regulations.gov and on FEMA's Web site at http://www.fema.gov. The
proposed and final manual, all related Federal Register Notices, and
all public comments received during the comment period are available at
http://www.regulations.gov under docket ID FEMA-2011-0022. You may also
view a hard copy of the final manual at the Office of Chief Counsel,
Federal Emergency Management Agency, Room 835, 500 C Street SW.,
Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Michael M. Grimm, Individual
Assistance Director, Individual Assistance Division, Federal Emergency
Management Agency, 500 C Street SW., Washington, DC 20472, 202-212-
1000.

SUPPLEMENTARY INFORMATION: The Preliminary Damage Assessment for
Individual Assistance Operations Manual (PDA Manual) was developed to
create uniform procedures for performing Individual Assistance (IA)
Preliminary Damage Assessments (PDAs), nationwide, in response to an
impacted State's request. The primary purpose for conducting IA PDAs is
to identify the impact, type, and extent of disaster damages and to
determine the impact on individuals and communities while identifying
the resources needed for the community to recover.
    The PDA is an important first step in the disaster declaration
process. The information collected during a PDA will be used by the
State to determine if the response and recovery actions will require
Federal support. If the Governor determines that the State does not
have adequate resources to respond and recover from the disaster, and
supplemental Federal assistance is required, the Governor may request a
Presidential emergency or major disaster declaration under sections 401
and 501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C. 5170 and 5191). The PDA
information, along with the Governor's request, is included with the
Regional Administrator's Validation and Recommendation and is forwarded
to FEMA for review. FEMA then prepares a recommendation to the
President based on the PDA information and the Regional Administrator's
Validation and Recommendation. Establishing a single set of PDA
procedures ensures that regardless of the location, type of disaster,
or FEMA regional office involved, the assessment of damages will be
consistent, thorough, and well coordinated.
    The PDA Manual supersedes FEMA Manual 9327.1 PR, Preliminary Damage
Assessment for Individual Assistance Operations Manual, dated April
2005. It incorporates procedures developed and used by individual FEMA
regional offices in the course of conducting PDAs throughout the United
States in a variety of disasters over several years. It reflects FEMA's
extensive experience working with State and local governments. The PDA
Manual is intended to set the standard for defining and recording
levels of damage, as well as to establish uniformity in the composition
of teams and the means by which data is collected.
    FEMA received 10 comments on the draft PDA Manual and made
revisions accordingly. This final PDA Manual does not have the force or
effect of law.

    Authority: The PDA Manual is consistent with and supports the
current plans and procedures of the National Response Framework for
implementation of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended, 42 U.S.C. 5121 et seq. and its
implementing regulations in Title 44, Chapter I of the Code of
Federal Regulations.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-18133 Filed 7-24-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 30902-30904]
[FR Doc No: 2023-10227]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0344]
RIN 1625-AA00

Safety Zone; SFSU Graduation Fireworks; San Francisco Bay, San
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay, outside McCovey Cove, in San
Francisco, CA in support of a fireworks display on May 26, 2023. The
safety zone is necessary to protect personnel, vessels, and the marine
environment from potential hazards created by pyrotechnics.
Unauthorized persons or vessels are prohibited from entering,
transiting through, or remaining in the safety zone without the
permission of the Captain of the Port San Francisco or a designated
representative.

DATES: This rule is effective from 10 a.m. until 10:10 p.m. on May 26,
2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0344 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT William K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, at<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this event until April 13, 2023. It
is impracticable to go through the full notice and comment rulemaking
process because the Coast Guard must establish this safety zone by May
26, 2023, and lacks sufficient time to provide a reasonable comment
period and to consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because action is
necessary to protect personnel, vessels and the marine environment from
the potential safety hazards associated with the fireworks display
outside McCovey Cove in San Francisco, CA on May 26, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C.
70034. The Captain of the Port (COTP) San Francisco has determined that
potential hazards associated with the scheduled San Francisco State
University (SFSU) Graduation Fireworks display on May 26, 2023, will be
a safety concern for anyone within a 100-foot radius of the fireworks
vessel during loading and staging, and anyone within a 600-foot radius
of the fireworks vessel starting 30 minutes before the fireworks
display is scheduled to commence and ending 30 minutes after the
conclusion of the fireworks display. For this reason, this temporary
safety zone is needed to protect personnel, vessels, and the marine
environment in the navigable waters around the fireworks vessel and
during the fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 10 a.m. until
10:10 p.m. on May 26, 2023, during the loading, staging, and transit of
the fireworks vessel from Westar Marine Service Pier 50, San Francisco,
CA, and until 30 minutes after completion of the fireworks display.
During the loading, staging, and transit of the fireworks vessel
scheduled to take place between 10 a.m. and 8 p.m. on May 26, 2023,
until 30 minutes prior to the start of the fireworks display, the
safety zone will encompass the navigable waters around and under the
fireworks vessel, from surface to bottom, within a circle formed by
connecting all points 100 feet out from the fireworks vessel. The
fireworks display is scheduled to start at 9:30 p.m. and end
approximately 9:40 p.m. on May 26, 2023, outside of McCovey Cove within
the San Francisco Bay in San Francisco, CA.
    At 9 p.m., which is 30 minutes prior to the commencement of the 10-
minute fireworks display, the safety zone will increase in size and
encompass the navigable waters around and under the fireworks vessel,
from surface to bottom, within a circle formed by connecting all points
600 feet from the circle center at approximate position 37[deg]46'36''
N, 122[deg]22'56'' W (NAD 83). The safety zone will terminate at 10:10
p.m. on May 26, 2023, or as announced via Marine Information Broadcast.
    This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the fireworks loading, staging, transit, and
display site. Except for persons or vessels authorized by the COTP or
the COTP's designated representative, no person or vessel may enter or
remain in a restricted area. A ``designated representative'' means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel, or a Federal,
State, or local officer designated by or assisting the COTP in the
enforcement of the Safety Zone. This regulation is necessary to ensure
the safety of participants, spectators, and transiting vessels.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts

access to the waters encompassed by the safety zone, the effect of this
rule will not be significant because the local waterways users will be
notified to ensure the safety zone will result in minimum impact. The
vessels desiring to transit through or around the temporary safety zone
may do so upon express permission from the COTP or the COTP's
designated representative.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary safety zone in the navigable waters around the loading,
staging, transit, and display of fireworks at Westar Marine Service
Pier 50 and outside McCovey Cove within San Francisco Bay. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T11-124 to read as follows:

Sec.  165.T11-124   Safety Zone; SFSU Graduation Fireworks; San
Francisco Bay, San Francisco, CA.

    (a) Locations. The following area is a safety zone: all navigable
waters of the San Francisco Bay, from surface to bottom, within a
circle formed by connecting all points 100 feet out from the fireworks
vessel during loading and staging at Westar Marine Service Pier 50 in
San Francisco, CA as well as transit and arrival to the display
location outside McCovey Cove, San Francisco Bay in San Francisco, CA.
Between 9 p.m. and 10:10 p.m. on May 26, 2023, the safety zone will
expand to all navigable waters, from surface to bottom, within a circle
formed by connecting all points 600 feet out from the fireworks vessel
in approximate position 37[deg]46'36'' N, 122[deg]22'56'' W (NAD 83) or
as announced by Marine Information Bulletin.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, or a Federal, State, or local officer

designated by or assisting the Captain of the Port (COTP) San Francisco
in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
Persons and vessels may request permission to enter the safety zone on
VHF-23A or through the 24-hour Command Center at telephone (415) 399-
3547.
    (d) Enforcement period. This section will be enforced from 10 a.m.
until 10:10 p.m. on May 26, 2023.
    (e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with 33 CFR 165.7.

    Dated: May 7, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco.
[FR Doc. 2023-10227 Filed 5-12-23; 8:45 am]
BILLING CODE 9110-04-P


neuropathology (I,III), learning and memory (IV, V), motor activity
(II), and auditory startle response (III)] no later than one day before
examinations commenced.  Pups were weaned on postnatal day 21, after
which time maternal animals were killed.

No mortalities, significant treatment-related clinical signs or open
field observations, changes in body weight or food consumption, or
changes in the duration of gestation, numbers of litters, or
intercurrent deaths were noted in maternal animals. The high dose

(1442 mg/kg/day) exceeded the limit dose for this study.

A maternal LOAEL was not observed.  The maternal NOAEL is 10000 [1442
mg/kg/day].

In pups, no treatment effects on litter size or viability during
lactation were seen. In high dose pups prior to weaning, there were
significant decreases in body weight in males (96-14%; PND 4-12) and in
females (96-16%; PND 1-21). In 1000 ppm pups, body weight gains were
reduced 21% (PND 1-4), and body weights were significantly decreased in
males (8%) and females (9%) on PND 4, but recovered by day 11. No
effects on post-weaning body weights, or the day of pre-putial
separation or vaginal opening were found. In the FOB, increased head
shaking among high dose male pups on PND 4, and slightly increased signs
of increased activity or urination, or irregular respiration were seen
amount high dose pups. No consistent effects on motor activity were
seen. Based on additional submitted data (MRID 45800101) that lead to
removal of data from one low dose male rat, and analysis of historical
control data, additional statistical analyses by EPA, and latency data,
it is concluded that no consistent effects on startle reflex amplitude
or latency were found.  No effects on learning and memory performance
were seen, but reported data were somewhat limited. Both sexes of PND 11
pups in the 10000 ppm group showed statistically significant decreases
in body weight (9%) and brain weight (6-7%). No changes in microscopic
pathology were found. Significant decreases in brain length (3%) in high
dose males on PND 11 were found. While significant decreases in the
right hippocampus (8%) of high dose females on PND 11 were noted, and
left hippocampus measures in this group showed a similar, but
non-significant 6% decrease, additional data on the mid and low dose
females lead to the conclusion that these changes were not consistent or
dose dependent.

The offspring LOAEL is 1000 ppm [147 mg/kg/day], based on decreased body
weights (8-9%) on PND 4 and decreased body weight gain (21%) on PNDs
1-4.

The offspring NOAEL is 100 ppm [14 mg/kg/day].

This study is classified acceptable/non-guideline but does not satisfy
the guideline requirement for a developmental neurotoxicity study in
rats (OPPTS 870.6300, 83-6); OECD 426. The bases for rating this study
as non-guideline are the lack of positive control data, and limited data
on the learning and memory test. This study can be re-classified if
these deficiencies are adequately addressed.

A.3.8	Metabolism

870.7485		Metabolism – Rat

870.7600		Dermal Absorption – Rat

Study Selected: Rodent In vivo Dermal Penetration Study - Rat

MRID No.: 45404920

Executive Summary: In a dermal penetration study, [14C]-BAS 510 F
(diphenyl label; Lot/Batch no. 641-2017; >95% radiochemical purity) in
distilled water was applied to the shaved dorsal surface (-10 cm2) of
male rats (four/group) at nominal doses of 0.01, 0.10, or 1.0 mg/cm2 for
periods of 1, 4, 10, or 24 hours. At the low dose two groups were washed
at 10 hours and sacrificed at 24 and 72 hours. At the intermediate and
high-dose one group at each dose was washed at 10 hours and sacrificed
at 72 hours.

The percent of the dose absorbed increased with duration of exposure to
24 hours but

decreased with increasing dose. This latter pattern is indicative of
approaching saturation of absorption. However, since the quantity
absorbed increased with each dose, one cannot determine directly if
saturation was reached at the high dose. By plotting the quantity
absorbed by dose with time, it was determined that the absorption from
the washed skin at the high dose continued at the same rate as before
washing. This showed that absorption was saturated at the high dose.
Test material remaining in the washed skin decreased significantly in
the animals that were washed at 10 hours and then sacrificed at 24 or 72
hours.

This dermal penetration study (MRID 45404920) in rats is
Acceptable/Guideline and satisfies the requirements for a Dermal
Penetration Study [OPPTS 870.7600 (§85-13)].

Appendix B:	REFERENCES (in MRID order)

45404814  	Wienmann, C.; Hellwig, J. (1998) BAS 510 F: Acute Oral
Toxicity in Rats: Final Report: Lab Project Number: 10A0179/971052:
2000/1018715: 1998/10643. Unpublished study prepared by BASF
Aktiengesellschaft. 25 p.

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ऀl Report: Lab Project Number: 11A0179/971053: 2000/1018711:
1998/10642. Unpublished study prepared by BASF Aktiengesellshaft. 25 p.

45404816  	Gamer, A.; Hoffman, H. (1998) BAS 510 F: Acute Inhalation
Toxicity Study in Wistar Rats 4 Hour Dust Exposure: Final Report: Lab
Project Number: 13I0179/977011: 1998/10803. Unpublished study prepared
by BASF Aktiengesellschaft. 24 p.

45404817	Wiemann, C.; Hellwig, J. (1998) Study on the Acute Eye
Irritation of BAS 510 F in the Rabbit: Final Report: Lab Project Number:
13A0179/972090: 2000/1018713: 1998/10641. Unpublished study prepared by
BASF Aktiengesellschaft. 20 p.

45404818  	Wiemann, C.; Hellwig, J. (1998) Study on the Acute Dermal
Irritation/Corrosion of BAS 510 F in the Rabbit: Final Report: Lab
Project Number: 14H0179/972089: 1998/10640: 2000/1018712. Unpublished
study prepared by BASF Aktiengesellschaft. 20 p.

45404819	Wiemann, C.; Hellwig, J. (1998) BAS 510 F: Maximization Test in
Guinea Pigs: Final Report: Lab Project Number: 30H0179/972091:
2000/1018714: 1998/10638. Unpublished study prepared by BASF
Aktiengesellschaft. 53 p.

45404820  	Mellert, W.; Kaufmann, W.; Hildebrand, B. (2000) BAS 510 F:
Acute Oral Neurotoxicity Study in Wistar Rats: Final Report: Lab Project
Number: 20C0179/97144: 2000/1018638. Unpublished study prepared by BASF
Aktiengesellschaft. 383 p.

45404825  	Mellert, W.; Kaufmann, W.; van Ravenzwaay, B. (2001) BAS 510
F: Subchronic Oral Neurotoxicity Study in Wistar Rats Administration in
the Diet for 3 Months: Lab Project Number: 50C0179/97148: 2001/1000113.
Unpublished study prepared by BASF Aktiengesellschaft. 455 p.

45404826  	Wiemann, C.; Deckardt, K.; Kaufmann, W. et al. (2000) BAS 510
F: Chronic Oral Toxicity Study in Beagle Dogs Administration in the Diet
for 12 Months: Final Report: Lab Project Number: 33D0179/97118:
200/1016881.  Unpublished study prepared by BASF Aktiengesellschaft. 779
p.

45404827  	Mellert, W.; Deckardt, K.; Kaufmann, W. (2001) BAS 510 F:
Chronic Toxicity Study in Wistar Rats Administration in the Diet for 24
Months: Final Report: Lab Project Number: 82C0179/97091: 2001/1000114.
Unpublished study prepared by BASF AKtiengesellschaft. 1288 p.

45404828	Mellert, W.; Deckardt, K.; Kaufmann, W. et al. (2001) BAS 510
F: Carcinogenicity Study in Wistar Rats Administration in the Diet for
24 Months: Final Report: Lab Project Number: 82C0179/97090:
2001/1000115. Unpublished study prepared by BASF Aktiengesellschaft.
1352 p.

45404901	Mellert, W.; Deckardt, K.; Kuttler, K.; et al. (2001) BAS 510 F
Carcinogenicty Study in C57BL Mice Administration in the Diet for 18
Months: Final Report: Lab Project Number: 76C0179/97103: 2001/1000116.
Unpublished study prepared by BASF Aktiengesellschaft. 931 p.

45404904	Schilling, K. (2000) BAS 510 F-Prenatal Developmental Toxicity
Study in Wistar Rats Oral Administration (Gavage): Final Report: Lab
Project Number: 30R0179/97140: 2000/1015001. Unpublished study prepared
by BASF Aktiengesellschaft. 290 p.

45404905	Schilling, K.; Hellwig, J. (2000) BAS 510 F-Prenatal
Developmental Toxicity Study in Himalayan Rabbits Oral Administration
(Gavage): Final Report: Lab Project Number: 40R0179/97127: 2000/1013425.
Unpublished study prepared by BASF Aktiengesellschaft. 267 p.

45404906	Schilling, K.; Gembardt, C.; van Ravenzwaay, B. (2001) BAS 510
F Two Generation Toxicity Study in Wistar Rats Continuous Dietary
Administration: Final Report: Lab Project Number: 70R0179/97136:
2001/1000117.  Unpublished study prepared by BASF Aktiengesellschaft.
924 p.

45404907	Schilling, K.; Kaufmann, W.; van Ravenzwaay, B. et al. (2001)
BAS 510 F Developmental Neurotoxicity Study in Wistar Rats
Administration in the Diet: Final Report: Lab Project Number:
67R0179/97167: 2001/1000118.  Unpublished study prepared by BASF
Aktiengesellschaft. 621 p.

45404913	Engelhardt, G.; Hoffmann, H. (1998) Salmonella Typhimurium/
Escherichia Coli Reverse Mutation (Standard Plate Test and Preincubation
Test) with BAS 510 F: Final Report: Lab Project Number: 40M0179/974089:
1998/11440.  Unpublished study prepared by BASF Aktiengesellschaft. 55
p.

45404914	Engelhardt, G.; Hoffmann, H. (2000) In Vitro Gene Mutation Test
with BAS 510 F in CHO Cells (HPRT Locus Assay): Final Report: Lab
Project Number: 50M0179/974097: 2000/1000180. Unpublished study prepared
by BASF Aktiengesellschaft. 56 p.

45404915	Engelhardt, G.; Hoffmann, H. (1999) In Vitro Chromosome
Aberration Assay with BAS 510 F in V79 Cells: Final Report: Lab Project
Number: 32M0179/974076: 1999/10978. Unpublished study prepared by BASF
Aktiengesellschaft. 84 p.

45404916	Engelhardt, G.; Hoffmann, H. (1999) Cytogenetic Study In Vivo
with BAS 510 F in the Mouse Micronucleus Test After Two Intraperitoneal
Administrations: Lab Project Number: 26M0179/974095: 1999/11048.
Unpublished study prepared by BASF Aktiengesellschaft. 52 p.

45404917	Engelhardt, G.; Hoffmann, H. (2000) In Vitro Unscheduled DNA
Synthesis (UDS) Assay with BAS 510 F in Primary Rat Hepatocytes: Final
Report: Lab Project Number: 81M0179/974096: 2000/1011413. Unpublished
study prepared by BASF Aktiengesellschaft. 45 p.

Appendix C:	REVIEW OF HUMAN RESEARCH

No MRID - PHED Surrogate Exposure Guide

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