[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20525-20526]
[FR Doc No: 2015-08704]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74712; File No. SR-DTC-2015-01]

Self-Regulatory Organizations; The Depository Trust Company;
Order Approving Proposed Rule Change To Discontinue the Prospectus
Repository System Service

April 10, 2015.

I. Introduction

    On February 13, 2015, The Depository Trust Company (``DTC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SR-DTC-2015-01 (``Proposed Rule Change'') 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 Registrar on March 2, 2015.\3\ The
Commission did not receive any comments on the Proposed Rule Change.
This order approves the Proposed Rule Change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 74358 (February 24,
2015), 80 FR 11243 (March 2, 2015) (SR-DTC-2015-01).
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II. Description

    DTC filed the Proposed Rule Change to discontinue DTC's Prospectus
Repository System (``PRS'') and its Terms of Use (``Terms of Use''), as
discussed below.
    DTC launched PRS in 2003 to provide DTC participants
(``Participants'') and DTC-authorized third parties (collectively,
``Users'') \4\ access to prospectuses and official statements relating
to new issues of corporate and municipal securities (``Documents'').\5\
Today, however, there are few Users of PRS because many of the
Documents provided through PRS are publicly available. As such, DTC
states that it is not worth the cost of maintaining PRS and, thus, will
discontinue it.
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    \4\ Third-party Users of PRS include syndicate members,
correspondent banks, paying agents, transfer agents, and certain
legal counsel and financial advisors. Individual investors do not
have access to PRS.
    \5\ Securities Exchange Act Release No. 47410 (February 26,
2003), 68 FR 10558 (March 5, 2003) (SR-DTC-2002-13).
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III. Discussion

    Section 19(b)(2)(C) of the Act \6\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and rules and regulations thereunder applicable
to such organization. Section 17A(b)(3)(F) of the Act requires, among
other things, that the rules of a clearing agency be designed to
promote the prompt and accurate clearance and settlement of securities
transactions.\7\
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    \6\ 15 U.S.C. 78s(b)(2)(C).
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    The Commission finds the Proposed Rule Change consistent with the
Act. More specifically, the Commission finds that the Proposed Rule
Change is consistent with Section 17A(b)(3)(F) of the Act.\8\ By
eliminating a service that is not economically efficient to maintain or
central to DTC's core clearing business, DTC can better allocate its
economic resources to support the safeguarding of securities or funds
in its

custody or control, and promote the prompt and accurate clearance and
settlement of securities transactions.
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    \8\ Id.
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
Proposed Rule Change is consistent with the requirements of the Act and
in particular with the requirements of Section 17A of the Act \9\ and
the rules and regulations thereunder.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that proposed rule change SR-DTC-2015-01 be, and hereby is,
approved.\10\

    \10\ 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).
    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Brent J. Fields,
Secretary.
[FR Doc. 2015-08704 Filed 4-15-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 169-172]
[FR Doc No: 2020-29023]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90806; File No. SR-ICEEU-2020-018)]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Proposed Rule Change Relating to Amendments to the ICE
Clear Europe CDS Procedures and CDS Default Management Policy

December 28, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 14, 2020, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II, and III below, which Items have been prepared primarily by
ICE Clear Europe. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed amendments is for ICE Clear
Europe to modify its CDS Procedures (the ``CDS Procedures'' or the
``Procedures'') to update the requirements for a Clearing Member to be
approved to be a CDS Committee-Eligible Clearing Member for purposes of
the CDS Default Committee, as well as certain other updates and
clarifications, and to modify its CDS Default Management Policy (the
``CDS Default Management Policy'' or ``Policy'') to make corresponding
updates to the requirements for a Clearing Member to be eligible to
serve on the CDS Default Committee, as well as to provide more detail
with respect to review and testing of its default procedures, remove
appendices and make certain other updates and clarifications to be
consistent with other ICE Clear Europe policies.

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

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission or
Advance Notice

(a) Purpose
    ICE Clear Europe is proposing to amend its CDS Procedures as to the
following: (i) The requirements for a Clearing Member to be approved to
be a CDS Committee-Eligible Clearing Member, (ii) the courses of action
for the Clearing House if a CDS Committee-Eligible Clearing Member is
unable to take part in the CDS Default Committee for the Relevant CDS
Default Committee Period for which it is due to take part, (iii) the
confidentiality obligations of CDS Default Committee Members and CDS
Default Committee Participants and the limitations on liability
applicable to such persons, (iv) timing requirements with respect to
the submission of CDS Trade Particulars and (v) various drafting
clarifications and improvements. ICE Clear Europe is also proposing to
update the CDS Default Management Policy which would provide further
detail with respect to the requirements for a Clearing Member to be
Committee-Eligible for purposes of serving on the CDS Default
Committee, and to make various drafting clarifications and
improvements, as consistent with the proposed updates to the
Procedures.
I. CDS Procedures
General Drafting Clarifications and Improvements
    The amendments to the Procedures would clarify that the term ``CDS
Committee-Eligible Clearing Members'' must be approved in accordance
with paragraph 5.2 of the Procedures and continue to meet the criteria
of such Paragraph. As described below, paragraph 5.2, as proposed to be
amended, would specify in detail the requirements for a Clearing Member
to be approved to be a CDS Committee-Eligible Clearing Member.
Submission and Acceptance of CDS Contracts
    The amendments would revise paragraph 4.4 of the Procedures, which
describes the timing requirements for submitting CDS Trade Particulars,
to clarify that with respect to CDS Trade Particulars submitted after
6:00 p.m. on a Business Day or on a day that is not a Business Day,
unless a revocation right exists and is exercised or unless otherwise
stated in circular, among other existing exceptions, such CDS Trade
Particulars would be deemed to have been submitted at 8:00 a.m. on the
following Business Day. Furthermore, the Procedures would provide that
if the Trade Date specified in the CDS Trade Particulars is not a
Business Day, then the relevant CDS Trade Particulars would be
rejected. This reflects current Clearing House practice.
CDS Default Committee
    The amendments to the Procedures in paragraph 5 would update the
requirements for a Clearing Member to be approved to be a CDS
Committee-Eligible Clearing Member. Pursuant to paragraph 5.2, as
proposed to be amended, the Clearing Member would need to meet the
following conditions in order to be eligible: (a) In the event that it
has one or more Affiliates that are CDS Clearing Members, it has the
longest period of membership of the Clearing House among such
Affiliates; (b) it has a London-based CDS trading desk; and (c) it is
deemed appropriate to be a CDS Default Committee Member by the Clearing
House at its discretion. The Clearing House would maintain a list of
all CDS Committee-Eligible Clearing Members. The procedure for
maintaining the CDS Default Committee Participant List (including
adding CDS Clearing Members to, removing CDS Clearing Members from or
changing the order of Clearing Members on the CDS Default Committee
Participant List) would be determined from time to time by the Clearing
House at its discretion. (Certain such matters would be addressed in
further detail in the Policy, as discussed below.) CDS Clearing Members
would be able to provide information of relevance to the Clearing House
with respect to their own inclusion or omission or order on the list,
but such information would not be binding on the Clearing House.
Additionally, the Procedures would state that ICE Clear Europe may also
share the CDS Default Committee Participant List with any other
clearing organization.
    Amendments to paragraph 5.3 would add that if a CDS Committee-
Eligible Clearing Member considers that it is unable to take part in
the CDS Default Committee for the Relevant CDS Default Committee Period
for which it is due to take part, it may request to postpone its
participation for that period. ICE Clear Europe could, at its
discretion, approve such request and, if so, the following events would
take place: (a) That CDS Committee-Eligible Clearing Member would be
listed so as to take part in the

CDS Default Committee for the next Relevant CDS Default Committee
Period as one of the three CDS Default Committee Participants; and (b)
one of the next three CDS Committee-Eligible Clearing Members on the
CDS Default Committee Participant List would be selected by the
Clearing House at its discretion to take part in the CDS Default
Committee during that Relevant CDS Default Committee Period. The CDS
Default Committee Participant List would be amended accordingly.
Certain other drafting clarifications are made to paragraph 5.3.
    Paragraph 5.4 would be amended to add that if a CDS Clearing Member
becomes a defaulter or is suspended or receives a termination notice
with respect to its Clearing Membership, it would be removed from the
CDS Default Committee Participant List. Paragraphs 5.4 and 5.5 would be
amended to clarify that the CDS Default Committee Participant List
would be amended to take into account any Clearing Member that becomes
(or resumes being) a CDS Committee-Eligible Clearing Member or is
removed from being a CDS Default Committee Participant because the
Clearing House determines that such Clearing Member has a conflict or
lacks impartiality.
    The amendments in paragraph 5.6 would also provide that the
Clearing House would give notice that, since CDS Default Committee
Members and CDS Default Committee Participants act as part of the
governance of ICE Clear Europe, such CDS Default Committee Members and
CDS Default Committee Participants would take the benefit of all
exclusions and limitations of liability available to the Clearing House
under the Rules or Applicable Laws. The change is intended to make the
exclusions and limitations on liability for such persons consistent
with those generally applicable to Clearing House governance process.
    The amendments in paragraph 5.8 would provide that CDS Clearing
Members agree and acknowledge that each CDS Default Committee Members
and CDS Default Committee Participant (each a ``Covered Party'') would
be subject to the provisions of Rule 106 (regarding confidentiality of
information received and permitted disclosures) as if it were the
Clearing House. Furthermore, each CDS Clearing Member would be required
to ensure that each such Covered Party nominated by it would not use
any Confidential Material for its own benefit or the benefit of any of
its Affiliates and, if so requested by the Clearing House, would
execute any documentation specified by the Clearing House acknowledging
the same. The procedures that would apply in the event a Covered Party
is served with or otherwise subject to legal process have been removed
as unnecessary in light of the referenced provisions of Rule 106.
Paragraph 5.9 would be amended to clarify that each CDS Clearing Member
agrees that each Covered Party would be responsible for its own costs
associated with its service in such position.
II. CDS Default Management Policy
General Drafting Clarifications and Improvements
    By way of general drafting clarifications and improvements, the
amendments to the Policy would remove Appendices A and B, which contain
various forms of notice and examples, as well as references thereto. In
ICE Clear Europe's view, these appendices do not need to be included in
the Policy and, to the extent they remain relevant, forms of notice can
be maintained by the Clearing House separately. Certain terminology
would be updated throughout the Policy as follows: (i) The term,
Employee, would be updated to Eligible Employee; and (ii) the terms,
Defaulting Clearing Member or Defaulting Member, would be updated to
defaulter in certain instances in order to avoid repetition and aid
with readability. Certain provisions relating to the Clearing House
ceasing to clear new trades for a Defaulting Clearing Member would be
moved and reorganized.
CDS Default Committee Activation
    Consistent with the changes described above to the CDS Procedures,
the Policy would be amended to provide that a Clearing Member would
only be defined as Committee-Eligible, hereby permitting such Clearing
Member to be a CDS Default Committee Participant, if such Clearing
Member (i) is deemed appropriate by the Clearing House, (ii) is the
primary clearing entity of an affiliate group, and (iii) has a London
based trading desk. The Policy would also clarify that the Clearing
House maintains a list of all CDS Committee-Eligible Clearing Members
and that the relevant term for the committee (``Relevant CDS Default
Committee Period'') is six calendar months or until the end of any
active Default event.
    In addition, the Policy would provide that in the event that a CDS
Default Committee Participant is unable to fulfill its upcoming
rotation obligation for any reason including serving in the CDS Default
Committee of another clearing house, such CDS Default Committee
Participant would have the option to request to postpone their Relevant
CDS Default Committee for a Relevant CDS Default Committee Period. If
the Clearing House finds the reason for postponement satisfactory, the
CDS Default Committee Participant would be substituted for a CDS
Committee-Eligible Clearing Member from the next three members on the
CDS Default Committee Participant List. Prior to commencement of a
rotation, CDS Default Committee Members would be required to have
signed all documentation required by the Clearing House (including but
not limited to a Seconded Trader Agreement), and the Clearing House
would use reasonable efforts to ensure that such requirement is
enforced.
    The amendments would also clarify that CDS Default Committee
Members would be responsible for assisting in executing any CDS
transactions (with respect to Rules 902 or 903 in CDS only) on behalf
of the Clearing House only if needed. Under the Committee Activation
Procedures section, the procedure for use of an alternate CDS Default
Committee Member contact would be revised to refer generally to a
situation where the designated primary representative cannot be reached
in a reasonable amount of time, and remove specific examples of reasons
a member could not be reached.
Secondment Facilities
    The amendments would clarify that upon arrival at the ICE Clear
Europe offices, each CDS Default Committee Member would be assigned a
PC with the ICE Clear Europe risk reports concerning the defaulter's
portfolio and a third-party data provider application. References to
how the CDS Default Committee Member would be able to login to the PC
and view certain information sent to ICE Clear Europe by the non-
defaulting Clearing Members would be removed as unnecessary. The
amendments would also clarify that CDS Default Committee Members would
only execute the hedging and liquidating transactions that the Head of
Clearing Risk and the team deem necessary.
Confidentiality
    The amendments would remove the requirement that seconded traders
sign an additional confidentiality agreement pertaining to their role
within a given member default (as ICE Clear Europe believes the
existing single secondment agreement is sufficient). Instead, the
Policy would provide that CDS Default Committee Members would be
reminded of ongoing confidentiality

obligations by the ICE Clear Europe Compliance department.
Auction Process and Results
    The amendments would provide that details of the auction and
relevant position data will be made available through the ICE Default
Management System, consistent with the ICE Clear Europe auction
procedures. The amendments would also clarify that following the close
of an auction for sub-portfolio, the Clearing House would publish the
new trades to be booked to the winning bidders through the ICE Default
Management System. The Clearing House would no longer notify the point
of contact for the winning bidders verbally. The change is intended to
conform to the ICE Clear Europe auction procedures.
Default Management Testing
    The amendments would provide additional detail with respect to
default management testing. Specifically, pursuant to the amendments,
the Policy would state that the Clearing House would test and review
its default procedures at least quarterly and perform simulation
exercises at least annually. The default test would be conducted in
coordination with Clearing Members by engaging all the internal and
external stakeholders that would be involved in the default management
process (for example, the Clearing Risk Department, ICE Clear Europe
Senior Management Team, CDS Default Committee Members, regulators,
etc.). Each default test would be planned in accordance with the ICE
Clear Europe Multi-Years Default Plan, which would list several
different default scenarios that would need to be tested by the
Clearing House on a regular basis. The ICE Clear Europe Senior
Management Team would be responsible for approving the scope of the
annual default test by choosing different scenarios outlined in the
Plan. The Plan and changes to it would need to be approved by the
Executive Risk Committee.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments to the CDS
Default Management Policy and the CDS Procedures are consistent with
the requirements of Section 17A of the Act \3\ and the regulations
thereunder applicable to it. In particular, Section 17A(b)(3)(F) of the
Act \4\ requires, among other things, that the rules of a clearing
agency be designed to promote the prompt and accurate clearance and
settlement of securities transactions and, to the extent applicable,
derivative agreements, contracts, and transactions, the safeguarding of
securities and funds in the custody or control of the clearing agency
or for which it is responsible, and the protection of investors and the
public interest.
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    \3\ 15 U.S.C. 78q-1.
    \4\ 15 U.S.C. 78q-1(b)(3)(F).
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    The proposed changes to the CDS Procedures and CDS Default
Management Policy are designed to strengthen ICE Clear Europe's tools
to manage Clearing Member defaults with respect to CDS contracts. The
CDS Default Committee, which relies on seconded representatives of
Clearing Members, is a key aspect of the Clearing House's procedures
for addressing Clearing Member defaults, including by facilitating the
ability of the Clearing House to hedge or liquidate positions of the
defaulter. The amendments would update and clarify the requirements for
a Clearing Member to be eligible to serve on the CDS Default Committee
as well as clarify the procedures to be used by the CDS Default
Committee if such Clearing Member is unable to fulfill its upcoming
rotation obligation. The clarifications and other changes to the Policy
and Procedures enhance readability and ensure that the Policy and
Procedures remain clear and up-to-date. Through better managing risks
in default scenarios and promoting market stability, the proposed
amendments promote the stability of the clearing house and the prompt
and accurate clearance and settlement of cleared contracts. The
enhanced risk management is therefore also generally consistent with
the protection of investors and the public interest in the safe
operation of the Clearing House. (ICE Clear Europe would not expect the
amendments to affect the safeguarding of securities and funds in ICE
Clear Europe's custody or control or for which it is responsible.)
Accordingly, the amendments satisfy the requirements of Section
17A(b)(3)(F).\5\
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    \5\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    In addition, ICE Clear Europe believes the amendments satisfy Rule
17Ad-22(e)(13),\6\ which requires the covered clearing agency to ensure
that it ``has the authority and operational capacity to take timely
action to contain losses and liquidity demands and continue to meet its
obligations by, at a minimum, requiring the covered clearing agency's
participants and, when practicable, other stakeholders to participate
in the testing and review of its default procedures, including any
close-out procedures, at least annually.'' As discussed above, the
proposed amendments would enhance ICE Clear Europe's default management
capabilities. Specifically, ICE Clear Europe believes that the updated,
and more clearly defined requirements for Clearing Members to become
eligible to participate in the CDS Default Committee will better ensure
that the committee is staffed with appropriate representatives. The
other amendments better ensure that such members have appropriate
resources for their role on the committee working and that there is a
process in place should a member need to delay the start of its tenure
on the committee for permissible reasons. Amendments to the Policy
would also ensure that the Clearing House review its default procedures
at least quarterly and perform simulation exercises at least annually
and that such tests would be conducted in coordination with Clearing
Members as well as the internal and external stakeholders involved in
the default management process. The amendments overall strengthen ICE
Clear Europe's ability to contain losses in a manner consistent with
the requirements of Rule 17Ad-22(e)(13).\7\
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    \6\ 17 CFR 240.17Ad-22(e)(13).
    \7\ 17 CFR 240.17Ad-22(e)(13).
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    Rule 17Ad-22(e)(3)(i) \8\ requires clearing agencies to maintain a
sound risk management framework that identifies, measures, monitors and
manages the range of risks that it faces. The amendments to the CDS
Default Management Policy and the CDS Procedures are intended to update
and state more clearly the criteria for representation on the CDS
Default Committee and provide for enhanced review and testing of the
default management processes. The amendments will thus strengthen the
management of default risks, and risk management more generally. In ICE
Clear Europe's view, the amendments are therefore consistent with the
requirements of Rule 17Ad-22(e)(3)(i).\9\
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    \8\ 17 CFR 240.17 Ad-22(e)(3)(i).
    \9\ 17 CFR 240.17 Ad-22(e)(3)(i).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The amendments
are being adopted to update and clarify the ICE Clear Europe CDS
Default Management Policy and ICE Clear Europe CDS Procedures and will
apply to all CDS Clearing Members. ICE Clear Europe does not expect
that the proposed changes will adversely affect

access to clearing or the ability of Clearing Members, their customers
or other market participants to continue to clear contracts. ICE Clear
Europe also does not believe the amendments would materially affect the
cost of clearing or otherwise impact competition among CDS Clearing
Members or other market participants or limit market participants'
choices for selecting clearing services. Accordingly, ICE Clear Europe
does not believe the amendments would impose any burden on competition
not necessary or appropriate in furtherance of the purpose of the Act.

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

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any written comments received with respect to the
proposed rule change.

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.
    The proposal shall not take effect until all regulatory actions
required with respect to the proposal are completed.

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-ICEEU-2020-018 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-ICEEU-2020-018. 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 filings will also be available for inspection
and copying at the principal office of ICE Clear Europe and on ICE
Clear Europe's website at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    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-ICEEU-2020-018 and should be
submitted on or before January 25, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-29023 Filed 12-31-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Notices]
[Pages 34107-34108]
[FR Doc No: 2012-13963]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67102; File No. SR-BX-2012-039]

Self-Regulatory Organizations; NASDAQ OMX BX; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Dissolve the BOX
Committee

June 4, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 25, 2012, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange''), 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 the Exchange. 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. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes a rule change to dissolve the BOX Committee
of the Board of Directors. The text of the proposed rule change is
available at http://nasdaq.cchwallstreet.com, at the Exchange's
principal office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to dissolve the BOX Committee of the Board of
Directors. After NASDAQ OMX Group, Inc. acquired the Boston Stock
Exchange, Inc., the Exchange adopted resolutions (``Resolutions'') to
establish a committee of its Board of Directors, referred to as the BOX
Committee.\3\ The Exchange delegated to the BOX Committee all actions
and decisions governing the Boston Options Exchange LLC (``BOX'')
Market. Because BOX is no longer a facility of the Exchange,\4\ there
is no longer a reason for the BOX Committee to exist. Moreover, BOX and
the BX Board of Directors have approved the dissolution of the
Committee.
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    \3\ See Securities Exchange Act Release No. 34-58324 (August 7,
2008); 73 FR 46936 (August 12, 2008) (File Nos. SR-BSE-2008-02; SR-
BSE-2008-23; SR-BSE-2008-25; SR-BSECC-2008-01) (``Order approving
the Acquisition of the Boston Stock Exchange, Incorporated by The
NASDAQ OMX Group, Inc.'').
    \4\ See Securities Exchange Act Release No. 66871 (April 27,
2012), 77 FR 86 (May 3, 2012).
---------------------------------------------------------------------------

    The Exchange believes the Resolutions are rules of an exchange
which are concerned solely with the administration of the self-
regulatory organization (as defined in Rule 19b-4 under the Act) of the
Exchange. Accordingly, to dissolve the Committee, the Exchange is
filing this proposal.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Section 6(b)(5) of the Act,\6\ in particular, in that the proposal is
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. The proposed rule change is consistent with these
provisions in that the Exchange is dissolving a Committee that no
longer has a purpose.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(3)
thereunder,\8\ the Exchange has designated this proposal as one that is
concerned solely with the administration of the self-regulatory
organization. Accordingly, the Exchange believes this proposal should
become immediately effective. At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

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-BX-2012-039 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2012-039. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2012-039, and should be
submitted on or before June 29, 2012.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-13963 Filed 6-7-12; 8:45 am]
BILLING CODE 8011-01-P


P-20-0168 Sanitized Support Documents Index:
 P-20-0168 Sanitized Premanufacture Notice (linked)
 P-20-0168 Sanitized Determination Document (linked)
 P-20-0168 Sanitized CHEM Report (attached)
 P-20-0168 Sanitized ECO Report (attached)
 P-20-0168 Sanitized ENG Report (attached)
 P-20-0168 Sanitized EXP Report (attached)
 P-20-0168 Sanitized Fate Report (attached)
 P-20-0168 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Page 73331]
[FR Doc No: 2023-23589]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER24-136-000]

Sunlight Storage II, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Sunlight Storage II, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 8, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: October 19, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-23589 Filed 10-24-23; 8:45 am]
BILLING CODE 6717-01-P


  SEQ CHAPTER \h \r 1              		United States Environmental
Protection Agency

			INFORMATION COLLECTION REQUEST (ICR)

Part A of the Supporting Statement

					(DRAFT – March 2013)

1. 	IDENTIFICATION OF THE INFORMATION COLLECTION

	1(a)	Title:	Registration of Fuels and Fuel Additives:

			Requirements for Manufacturers (40 CFR 79)

			EPA ICR Number 0309.14, OMB Control Number 2060-0150

			Docket ID Number EPA-HQ-OAR-2006-0894

	1(b)	Abstract

	In accordance with the regulations at 40 CFR 79, Subparts A, B, C, D
and F, Registration of Fuels and Fuel Additives, manufacturers of (1)
motor vehicle gasoline, (2) motor vehicle diesel fuel, and (3) additives
for those fuels, are required to have their products registered by the
Environmental Protection Agency (EPA) prior to their introduction into
commerce.  Registration involves providing (1) a chemical description of
the fuel or additive, (2) certain technical and marketing information,
and (3) any health-effects information in company files.  (The portion
of Subpart F requiring the development of health-effects data is covered
by a separate information collection.)  Manufacturers are also required
to submit periodic reports on production and related information.  The
program is run by the Compliance Division, Office of Transportation and
Air Quality, Office of Air and Radiation.  The information is used to
(1) identify products whose evaporative or exhaust emissions may pose a
particular threat to public health, thus meriting further investigation
and/or regulation, (2) ensure that EPA compositional requirements are
met before a product is registered and introduced into commerce, and (3)
maintain a comprehensive data base of motor vehicle fuel and additive
composition.  Most of the compositional information is confidential.
Lists of registered fuels and additives are available at:
http://www.epa.gov/otaq/fuels/registrationfuels/registeredfuels.htm.
The information is collected and stored in hard copy, with most entered
into a computer data base.  There are approximately 650 fuel
manufacturers, 1,200 additive manufacturers, 760 registered fuels, and
7,700 registered additives.  These numbers change daily.  The annual
cost to industry is estimated at $1.9 million.  The annual cost to the
government is estimated at $477,000.

	This program also serves as a vehicle for the administration of the
program for the certification of deposit control/detergent gasoline
additives at 40 CFR 80, Subpart G.  By using this existing registration
program EPA avoided having to establish an additional registration
program for gasoline detergent additives.  The reporting and
recordkeeping requirements unique to this certification program are
covered by a separate information collection.

	In addition, per 30 CFR 75.1901(c), only registered diesel fuel
additives may be used in diesel-powered equipment for underground coal
mining.  Thus the Mine Safety and Health Administration of the
Department of Labor is able to utilize this program.

2.	NEED FOR AND USE OF THE COLLECTION

	2(a)	Need/Authority for the Collection

	Motor vehicles comprise the major source of air pollution in most urban
areas, and account for about half the toxic air emissions in the United
States.  Congress demonstrated its strong concern for the protection of
public health by providing broad legislative authority to monitor and
regulate fuels, fuel additives, and their emissions.  This registration
program was established by the Air Quality Act of 1967, carried forward
into the Clean Air Act (Act) of 1970, and strengthened in the Act’s
1977 and 1990 reauthorizations.

	Section 211(a) of the Act provides EPA with the authority to designate
any mobile source fuel or additive for registration.  Any fuel or
additive with the potential for a significant emissions impact on the
public would be an appropriate candidate.  Once designated, it may not
be introduced into commerce until it has been registered by EPA.
Section 211(b) requires, for the purpose of registration, that the
manufacturer provide certain compositional and related information, and
available health-effects data.  Section 211(b) also provides EPA with
the authority to require health-effects testing.  The original
regulations were promulgated by the Department of Health, Education, and
Welfare in 1970, and transferred to the EPA shortly thereafter.  They
ultimately resided at 40 CFR 79 (available at regulations.gov) and were
revised in 1975, 1976, and 1978.  Due to their broad public emissions
exposure, motor vehicle gasolines and diesel fuels, and their additives,
were designated.  Section 211(e) (1977 amendments) directs EPA to
establish health-effects testing requirements, and those regulations
were promulgated in 1994 as Subpart F of 40 CFR 79.  (Changes to the
regulations have reduced the burdens, particularly for small
businesses.)  They are structured into three tiers of requirements for
specific fuel/additive categories.  Tier 1, due in May 1997, required an
emissions characterization and a literature search for health-effects
information on those emissions.  Tier 2, due in May 2000, required
short-term inhalation exposures of laboratory animals to emissions to
screen for adverse health effects.  The regulations also allow for
alternative Tier 2 testing if more appropriate.  The major gasoline
oxygenates and a manganese additive for gasoline have undergone such
alternative testing.  Follow-up studies, if required, would occur under
Tier 3.  (The reporting and recordkeeping requirements of these tiers
are covered by a separate information collection.)  The objective of the
program is to determine if there are any fuels and/or additives whose
evaporative emissions or products of combustion may pose a particular
danger to public health or welfare.  Section 211(c) of the Act provides
EPA with the authority to regulate such fuels and additives.  For
example, the use of lead additives in gasoline, gasoline volatility, and
the sulfur content of gasoline and diesel fuel, have been regulated.  In
order to assist EPA in assessing the extent of public exposure to a
given fuel or additive, the regulations require additive manufacturers
to submit annual reports on production.  Fuel manufacturers are required
to submit quarterly production reports.  The manufacturers are also
required to report annually on any new health effects data they may have
acquired.

	Another objective of the program is the review of an additive’s
composition for compliance with EPA restrictions.  In order to protect
catalytic converters and other emission control devices, there are
compositional limitations.  On a number of occasions the EPA has
informed a manufacturer that its additive could not be registered until
the formulation was modified to comply with those requirements.

	An added benefit of the program has been the development of a
comprehensive data base of gasoline and diesel fuel/additive
composition.  These data have proven useful for certain fuels issues,
such as the identification of additives with a high sulfur content.

	2(b)	Practical Utility/Users of the Data

	The lists of registered fuels and additives are available to the public
at http://www.epa.gov/otaq/fuels/registrationfuels/registeredfuels.htm.
The fuel, additive, and motor vehicle industries are well aware that
gasolines, diesel fuels, and their additives, must be registered before
they may be introduced into commerce for use in motor vehicles.  A
separate list of registered gasoline detergent additives is also
available.  These lists are frequently reviewed by consumers and the
manufacturers in order to maintain an awareness of competing products.
In accordance with regulations promulgated by the Mine Safety and Health
Administration, only registered diesel additives may be used in
diesel-powered equipment for underground coal mining.

	Most of the data have been claimed as business confidential by the
manufacturers.   Thus access is restricted to authorized EPA personnel
and contractors.  The data have been valuable in EPA’s evaluation of
certain fuels issues.  Notably, the compositional data required since
the program’s inception were instrumental in establishing the
fuel/additive testing categories in the 1994 health-effects testing
rules (40 CFR 79, Subpart F).  If these data indicate a particular
threat to public health from the evaporative or exhaust emissions of a
fuel or additive, they will be used to support regulatory action under
section 211(c) of the Act.

	Section 211(f) of the Act prohibits the introduction into commerce of
fuels and additives which are not “substantially similar” to those
used by the vehicle manufacturers in emissions certification (unless a
waiver is granted).  The objective is to protect emission controls from
potentially damaging fuels and additives.  The term “substantially
similar” for unleaded gasoline has been defined via interpretive rule.
 Elemental composition is restricted to carbon, hydrogen, oxygen,
nitrogen, and sulfur.  On a number of occasions additive manufacturers
have attempted to register additives for unleaded gasoline which did not
meet these requirements.  Thus, the registration program has been
instrumental in enforcing requirements that were established
independently of the registration regulations at 40 CFR 79.

	The fuel/additive data base has proven useful in the analysis of other
fuels issues.  For example, the data have been used to assess the
development and use of gasoline detergent additives.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	3(a)	Nonduplication

	To our knowledge, this is the only program which requires additive
manufacturers to report the composition of their additives, and gasoline
and diesel fuel manufacturers to report the usage of additives in their
fuels.  It is the only program under which these manufacturers must
develop information on the emissions health effects of their products.
Production volumes for additives are not reported elsewhere.  Nowhere
else are the production volumes for gasoline and diesel fuels reported
in conjunction with additive usage in those fuels.  Such data are
necessary in order to gauge the extent of public exposure to the
emissions of a fuel, additive, or particular fuel/additive combinations.

	3(b)	Public Notice

	A notice will be published in the Federal Register  requesting public
comment on this draft ICR.

	3(c)	Consultations

	The Agency has routinely consulted with the manufacturers on the effort
to comply with the reporting requirements.  See section 6.

	The Mine Safety and Health Administration (MSHA), U. S. Department of
Labor, views this program as beneficial in that it will provide
information on the diesel emissions to which underground coal miners are
exposed.  MSHA regulations limit the diesel additives used in
underground coal mining to those that have been registered by EPA.

	3(d)	Effects of Less Frequent Collection

	Registration of a designated fuel or additive is required only once,
although the manufacturer is required to notify EPA if changes occur in
the information provided.  The quarterly and annual reports for fuel
manufacturers, and annual reports for additive manufacturers, are
appropriate in order to monitor patterns of fuel and additive usage in a
timely manner.  Should the health-effects data indicate that certain
fuel/additive combinations are of concern, their history of usage would
be necessary in order to assess the extent of public exposure.  If these
fuel/additive combinations were to experience a significant increase in
usage, it would be important to know that on a quarterly basis.

	With refiners and importers reporting their usage of additives
quarterly, the annual production report from the additive manufacturers
remains adequate. If an additive were to experience a dramatic increase
in production, it would be important to have that reported on at least
an annual basis.

	3(e)	General Guidelines

	All Office of Management and Budget (OMB) guidelines are met.

	3(f)	Confidentiality

	The availability to the public of information submitted for this
program is governed by the Freedom of Information Act (FOIA) regulations
for EPA at 40 CFR 2, with the exception that all health test data and
other information concerning health and welfare effects, submitted
pursuant to Subpart F, shall be public.  Lists of the registered fuels
and additives are publicly available.

	The majority of the manufacturers consider, for competitive reasons,
the compositional information for their fuels and additives to be
confidential.  EPA’s Office of General Counsel has consistently ruled
that confidentiality is justified when such information has been
requested under FOIA.

	Because most of the information is confidential, this program is housed
in a separate office protected by a multi-sensor alarm system with
24-hour monitoring.  Access is via a keyfob system for authorized
personnel only.  Paper files are secured in combination lock, fireproof
cabinets with each cabinet requiring its own unique sequence to be
unlocked.  Data processing is performed solely on computers in the
secure area.  High-level security is employed.

	Contractor personnel handle routine administrative tasks, data input,
and data analysis.

EPA personnel work closely with contractor personnel and handle the
technical review of the data and questions involving regulatory
interpretation.

	3(g)	Sensitive Questions

	There are no sensitive questions.

4.	THE RESPONDENTS AND THE INFORMATION COLLECTED

	4(a)	Respondents/NAICS Codes

	The fuel and fuel additive manufacturers are related to the following
major group North American Industry Classification System (NAICS) codes:

324110 - Petroleum Refineries

324199 - All Other Petroleum and Coal Products Manufacturing

325110 - Petrochemical Manufacturing

325193 - Ethyl Alcohol Manufacturing

325199 - All Other Basic Organic Chemical Manufacturing

	4(b)	Information Requested

	(i)       	Data Items

	The following definitions at 40 CFR 79.2 are important to the
understanding of the reporting requirements:

	“Fuel manufacturer” means any person who, for sale or introduction
into commerce, produces, manufacturers, or imports a fuel or causes or
directs the alteration of the chemical composition of a bulk fuel, or
the mixture of chemical compounds in a bulk fuel, by adding to it an
additive, except:

	(1)  A party (other than a fuel refiner or importer) who adds a
quantity of additive(s) amounting to less than 1.0 percent by volume of
the resultant additive(s)/fuel mixture is not thereby considered a fuel
manufacturer.

	(2) A party (other than a fuel refiner or importer) who adds an
oxygenate compound to fuel in any otherwise allowable amount is not
thereby considered a fuel manufacturer.

	“Additive” means any substance, other than one composed solely of
carbon and/or hydrogen, that is intentionally added to a fuel named in
the designation (including any added to a motor vehicle’s fuel system)
and that is not intentionally removed prior to sale or use.

	“Additive manufacturer” means any person who produces,
manufacturers, or imports an additive for use as an additive and/or
sells or imports for sale such additive under the person’s own name.

	Motor vehicle gasolines, motor vehicle diesel fuels, and additives to
those fuels, have been designated at 40 CFR 79.  For the purpose of
registration, the following is required to be submitted by each
manufacturer of a designated fuel (40 CFR 79.11): (See EPA Form 3520-12,
Fuel Manufacturer Notification for Motor Vehicle Fuel, Attachment 1, and
instructions, Attachment 2)

1.	Brand name(s) of the fuel:

2.	Company name;

Company identification number (issued by EPA);

4.	Address;

5.	Type of fuel;

6.	Fuel properties as specified in the regulations;

7.	A list of additives the manufacturer intends to use, additive
manufacturer names,

	purpose-in-use of each additive, and range of additive concentration;

8.	To the extent known, information on analytical techniques that can be
used to detect the 	presence of the additives listed above in the fuel;

9.	To the extent known to the manufacturer, information on the
mechanisms of action of the 	additives listed, reactions between the
additives and the fuel, emission products, additive 	effects on
emissions, health or welfare effects of additive emission products, and
effects  	of additive emission products on emission controls;

10.	Anticipated sales, in percent, by Petroleum Administration for
Defense Districts;

Yes/no response on if fuel is derived only from conventional petroleum,
heavy oil deposits, coal, tar sands, and/or oil sands:

12.	If applying for a small business provision, annual sales revenue for
the past three years and identification of any parent company;

13.	If not applicable for a small business provision, identification of
membership in a testing group:

Indication of which portions of the form are confidential:

List of attachments:

Assurances that the information is correct, EPA will be notified in
writing if certain information were to change, and that registration
will not be used in advertising to imply government approval;

Signature, date, printed name, title, phone number, fax number, and
e-mail address of signer.

	Note that in item 16 above the manufacturer is required to notify EPA
in writing if certain information, listed in the regulations, were to
change.  This usually involves updating the list of additives being
used, and is accomplished with a brief letter.  This will be referred to
later in this ICR as a “fuel notification update.”

	For the purpose of registration, the following is required to be
submitted by each manufacturer of a designated fuel additive (40 CFR
79.21): (See EPA Form 3520-13, Fuel Additive Manufacturer Notification,
Attachment 3, and instructions, Attachment 4)

1.	Commercial name(s) of the additive;

2.	Company name and company identification number (issued by EPA);

3.	Address;

4.	Method of use (bulk and/or aftermarket);

5.	Fuels for which the additive is recommended and range of
concentration;

6.	Recommended purpose-in-use of the additive;

7.	Chemical composition of the additive;

8.	Chemical structure of the additive;

9.	To the extent known, impurities at greater 0.1% by weight;

10.	To the extent known, information on analytical techniques that can
be used to detect the 	additive in fuel;

11.	To the extent known to the manufacturer, information on additive
mechanisms of action, 	reactions between the additive and fuel,
identification and measurement of additive 	emission products, effects
of the additive on emissions, toxicity or any other health  	effects of
the additive emission products, and effects on emission controls;

Yes/no response on if the additive is a relable of a currently
registered additive;

Estimated annual production during the third year of production;

Estimated market distribution for the third year of production;

Yes/no response on if the additive is derived only from conventional
petroleum, heavy oil deposits, coal, tar sands, and/or oil sands;

If applying for a small business provision, annual sales revenue for the
past three years and identification of any parent company;

Yes/no response on if the additive is an aerosol, and if so, if applying
for the aerosol provision;

If not applicable for a small business or aerosol provision,
identification of membership in a testing group;

19.	Indication of which portions of the form are confidential;

List of attachments;

21.	Assurances that the information is correct, EPA will be notified in
writing if certain 	information were to change, and that registration
will not be used in advertising to imply 	government approval;

22.	Signature, date, printed name, title, phone number, fax number, and
e-mail address of signer.

 	Note that in item 21 above, the EPA would be notified in writing if
certain information, listed in the regulations, were to change.  This is
accomplished by a brief letter, and involves minor issues such as an
additional name under which the additive will be sold.  This will be
referred to later in this ICR as an “additive notification update.”

	Additive manufacturers are also required to report annually the
following information for each registered additive (40 CFR 79.5(b)):
(See EPA Form 3520-13A, Fuel Additive Manufacturer Annual Report,
Attachment 5, and instructions, Attachment 6, and, if reporting for more
than 16 additives, EPA Form 3520-13B, Supplemental Additive Manufacturer
Annual Report, Attachment 7)

1.	Company name and company identification number;

2.	Report year;

3.	Type of report (original or resubmission);

4.	Impurities, if greater than 0.1% by weight, to the extent known;

5.	Any information known to the manufacturer and not previously reported
on mechanisms 	of action, reactions with fuels, emission products, or
emission effects;

6.	Production (volume or weight) for the year for the additive(s);

7.	Indication of which portions of the form are confidential;

8.	Signature, date, printed name, title, phone, fax, e-mail;

9.         Indication if a supplemental report is attached.

	Additive manufacturers who are merely relabeling a registered additive
or blend of registered additives are not required to submit an annual
report, since the information would be covered by the original
manufacturer(s).

	Fuel manufacturers are also required to report quarterly the following
information for each registered gasoline and diesel fuel (40 CFR
79.5(a)(1)): (See EPA Form 3520-12Q, Fuel Manufacturer Quarterly Report
for Motor Vehicle Gasoline or Diesel Fuel, Attachment 8, and
instructions, Attachment 9)

1.	Company name and identification number;

2.	Address;

3.	Fuel identification number;

4.	Report year;

5 	Quarterly production volume;

6.	Quarter;

7.	Brand name of the fuel;

8.	Range of concentration during the quarter for each additive
previously reported for use in the fuel;

9.	Indication of which items are confidential;

10.       Signature, date, printed name, title, phone, fax, e-mail.

	Fuel manufacturers are also required to report annually the following
information for each registered gasoline and diesel fuel (40 CFR
79.5(a)(2)): (See EPA Form 3520-12A,  Fuel Manufacturer Annual Report
for Motor Vehicle Gasoline or Diesel Fuel, Attachment 10, and
instructions, Attachment 11)

1.	Company name and identification number;

2.	Address;

3.	Fuel identification number;

4.	Report year;

5.	Brand names(s);

6.	Fuel properties, to the extent known by the manufacturer;

7.	If not previously reported, information known by the manufacturer on
mechanisms of 	action, reactions between additives and fuels, emission
products, and emission effects;

8.	Indication of which items are confidential;

9.	Signature, date, printed name, title, phone, fax, and e-mail.

There are no recordkeeping requirements.

	 (ii)	Respondent Activities

	The following activities are required:

1.	Read or hear the regulations at 40 CFR 79 and the instructions for
each of the

	applicable forms;

2.	Gather information from company files;

3.	Review the information;

4.	Enter information onto the forms and sign;

5.	If indicated on the forms that additional information is attached,
copy such information;

6.	Transmit the information.

5.	THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

	5(a)	Agency Activities

	The following activities are required:

1.	Respond to inquiries on the reporting requirements;

2.	Mail copies of the forms/instructions, regulations, list of all
registered additives, list of 	registered gasoline detergent additives,
list of registered diesel additives, and/or list of 	registered fuels
upon request;

3.	Review the forms and other submitted data;

4.	Contact the manufacturer when the information has not been submitted
in accordance  	with the regulations and discuss how the problem can be
resolved;

5.	Store the information in hard copy;

6.	Enter the data submitted on the forms into the database.

7.	Issue a letter to the manufacturer for each fuel and additive that is
registered;

8.	Administer a contract for the day-to-day operation of the
registration program;

9.	Maintain rigorous security for the protection of confidential
business information;

10.	Maintain a record of all confidential business information provided
to the contractor;

11.	Maintain computer hardware and software;

12.	Provide general program oversight.

	5(b)	Collection Methodology and Management

	The manufacturers are completing forms which are very straightforward
and whose basic structure dates back to 1975.  We have not had
complaints on the design of the forms.

Much of the information is maintained in the normal course of business,
such as the chemical composition of an additive and its annual
production.  For information which may not normally be maintained, such
as mechanisms of reaction, the manufacturer is not required to search
beyond its company files.  EPA and its contractor review the forms and
in some cases the manufacturer must be contacted for clarification or
additional information.  Since most of the information is confidential,
the data are handled in a secure environment. Data are input and reports
generated on workstations located entirely within the locked facility
and connected to the network through direct connections.  EPA personnel
routinely compare the data that have been entered into the database with
hard copy.  The facility is protected by an advanced security system.

	All of the forms and instructions are available for downloading at:
HYPERLINK
"http://www.epa.gov/otaq/fuels/registrationfuels/registeredfuels.htm"
http://www.epa.gov/otaq/fuels/registrationfuels/registeredfuels.htm .
Manufacturers may also submit the quarterly and annual reports in the
format of their choice, including on diskette, if they prefer not to use
the forms.

	5(c)	Small Entity Flexibility

	The reporting requirements have been kept as simple as possible to
minimize the burden on all manufacturers.  EPA is not aware of any
simpler format to provide the chemical descriptions and related
information.  Changes to the regulations in 1997 removed many small
businesses from the program, by excluding those who only add oxygenates
or small amounts of additives to fuels, from the definition of a fuel
manufacturer.  For manufacturers who merely relabel additives, which are
usually small businesses, the one-time notification is very simple, and
there are no periodic reporting requirements.

	5(d)	Collection Schedule

	For the manufacturer of a fuel, there is a one-time registration for
the fuel, and an on-occasion requirement to inform the Agency if the
information provided for registration were to change.  There are also
quarterly and annual reports that a fuel manufacturer is required to
submit for the registered fuel.

	For the manufacturer of a fuel additive, there is a one-time
registration for the additive, and an on-occasion requirement to inform
the Agency if the information provided for registration were to change.
There is also an annual report that the additive manufacturer is
required to submit for the registered additive.

6.	ESTIMATING THE BURDEN AND THE COST OF THE COLLECTION

	6(a) and (b)	Estimating Respondent Burden and Costs

	Estimating the burden is straightforward.  For the most part, the
manufacturer is collecting and reporting information that is available
in the normal conduct of business, such as product composition and
production volume.  Other information, such as health-effects data, only
have to be reported if they reside in the company files.  No searching
beyond company files is required.  There are no recordkeeping
requirements.  There are no third party activities.  Thus, there are no
capital/start-up costs.  The only operating and maintenance (O&M) cost
is for copying and postage for each submission.  Instead of including
this in each burden table, a cost of $5.00 per submission will be
included in the total burden estimate.

	In discussions with fewer than ten fuel and fuel additive
manufacturers, four labor categories were identified as having
involvement: managerial, legal, professional/technical (prof/tech), and
clerical.  According to the Bureau of Labor Statistics, May 2011
National  Occupational Employment and Wage Estimates, mean wages were:

Wages

Managerial 	$62.19 per hour

Legal		$62.74 per hour

Prof/Tech	$47.81 per hour

Clerical	$15.34 per hour

	Doubling for company overhead and employing a 2% annual inflation
factor to bring the rates to the year 2013, and, for convenience,
rounding up to the nearest dollar, gives the follow rates that will be
used in this ICR:

Total Employer Cost

Managerial	$130 per hour

Legal		$132 per hour

Prof/Tech	$100 per hour

Clerical	$  34 per hour

	The labor mix for the activities above will be about the same for each.
 It is assumed that for each hour of activity the mix will be about 0.05
hour managerial, 0.05 hour legal, 0.7 hour professional/technical, and
0.2 hour clerical.  This gives an average labor cost of about $90 per
hour, which will be used in this ICR.  The burden estimates for each
activity are the same as for the previous ICR.  That is, a fuel
manufacturer notification will require 8 hours on average to complete.
Likewise, the fuel additive manufacturer notification will require 8
hours to complete.  The additive update, fuel update, and additive
annual report each require one hour on average to complete.  The fuel
annual and fuel quarterly reports each require 3 hours on average to
complete.

Cost per Report

Fuel Manufacturer Notification - 8 hours @ $90 = $720

Fuel Notification Update - 1 hour @ $90 = $90

Fuel Additive Manufacturer Notification - 8 hours @ $90 = $720

Additive Notification Update - 1 hour @ $90 = $90

Additive Manufacturer Annual Report - 1 hour @ $90 = $90

Fuel Manufacturer Quarterly Report - 3 hours @ $90 = $270

Fuel Manufacturer Annual Report - 3 hours @ $90 = $270

6(c)	Estimating Agency Burden and Cost

	The Agency activities listed in section 5(a) are handled primarily by
contractor personnel for about $200,000 per year.  A part time Senior
Environmental Employee (SEE) is employed at $15,000 per year for data
entry.  Eight hundred twenty square feet of space are leased at $25,000
per year.  Security monitoring is $5,000 per year.  Portions of the
following EPA personnel are involved (with 1.6 overhead factor):

	GS -14 Environmental Engineer (EE), $120K x 1.6=$192K

	GS-13 Chemical Engineer (CE), $100K x 1.6=$160K

	GS-13 Program Analyst (PA), $100K x 1.6=$160K

	GS-13 Computer Specialist (CS), $100K x 1.6=$160K

Worksheet 9: Annual Agency Burden in Full Time Equivalents (FTE’s)

activity		EE		CE		PA		CS

respond to

inquiries		0.1/$19200	0.1/$16000	0		0

mail info		by contractor

review data		0.1/$19200	0.2/$32000	0		0

contact manu.		0		0.1/$16000	0		0

store info		by contractor

enter data		by contractor and Senior Environmental Employee

issue letters		by contractor

contract ad.		0.1/$19200	0		0.2/$32000	0

security		0		0		0.1/$16000	0

record cbi		division clerical support

maintain computer	by contractor 					0.05/$8000

program oversight	0.2/$38400	0.1/$16000	0		0

totals			0.5/$96000	0.5/$80000	0.3/$48000	0.05/$8000

total			1.35 FTE/$232,000

Total Annual Cost to the Government

Contract		$ 200,000

Part time SEE		$  15,000

Lease			$  25,000

Security		$    5,000

FTE’s			$232,000

Total			$477,000

	Thus, the annual estimated cost to the government is $477,000.  The
total hours are 1.35 FTE x 2080 hours/FTE=2808.

	6(d) and (e)	Estimating the Respondent Universe and Total Burden and
Costs, and 				Bottom Line Burden Hours and Costs

	The following worksheet is based on an inventory of 760 registered
fuels (up from 700 in the previous ICR) and 7,700 registered additives
(up from 7,200 the previous ICR).  Of the additives, about 3,500 are
relabels, so only 7,700-3,500 = 4,200 additives will require annual
reports.  Recent data indicate that EPA is receiving approximately 75
new fuel notifications, 200 fuel notification updates, 500 new additive
notifications, and 200 additive notification updates  annually. These
are unchanged from the previous ICR.

Worksheet 10: Annual Industry Burden

Form			Number		Hours/Cost			Total Hours/Cost

Additive

Notification		500			8.0/$720			4000/$360,000

Additive Update	200			1.0/$90			200/$18,000

Additive Annual	4200			1.0/$90			4200/$378,000

Fuel Notification	75			8.0/$720			600/$54,000

Fuel Update		200			1.0/$90			200/$18,000

Fuel Annual		760			3.0/$270			2100/$205,200

Fuel Quarterly		3040			3.0/$270			9120/$820,800

Totals			8,975						20,600/$1,854,000

	Thus, the net burden to industry is 20,600 hours and $1,854,000, plus
8,975 submissions x $5.00 each for copying and postage, or
$44,875+$1,854,000=$1,898,875.  (The net burden for the previous ICR was
$2,210,375.)  The burden is gauged per form.  Some manufacturers have
hundreds of products, some have only one or two.  Per section 6(c), the
annual burden to the government is 2808 hours and $477,000.  It is
recommended that the above costs be increased 2% annually for inflation.

	6(f)	Reasons for Change in Burden

	Despite a small increase in the number of periodic reports, the net
burden has decreased due to a decrease in some of the labor rates.  The
following worksheet summarizes the changes:

Worksheet 11: Changes in Burden - Hours

Form		Previous 	Requested	Change	Reason

additive

notification	4000		4000		0

additive

update		200		200		0

additive

annual		4200		4200		0

fuel

notification	600		600		0

fuel

annual		2100		2280		+180		adjustment

fuel

quarterly	8400		9120		+7200		adjustment

fuel

update		200		200		0

totals		19,700		20,600		+900

	6(g)	Burden Statements

	For the two notification forms, the statement is proposed to read as
follows:

	Burden Statement:  The annual public reporting and recordkeeping burden
for this collection of information is estimated to average 8 hours per
response.  Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency.  This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-OAR-2006-0894, which is available for public viewing at the
Office of Air and Radiation Docket in the EPA Docket Center (EPA/DC),
EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays.  The telephone number
for the Reading Room is<PHONE_NUMBER>, and the telephone number for the
Office of Air and Radiation Docket is<PHONE_NUMBER>.  An electronic
version of the public docket is available through www.regulations.gov.
Use the docket to submit or view public comments, access the index
listing of the contents of the public docket, and to access those
documents in the public docket that are available electronically.  Once
in the system, follow the on-line instructions.  Also, you can send
comments to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, DC 20503,
Attention: Desk Office for EPA.  Please include the EPA Docket ID No.
EPA-HQ-OAR-2006-0894 and OMB control number (2060-0150) in any
correspondence.

	For the additive annual report form, the statement would be identical,
with the exception that the burden estimate would be one hour.  For the
quarterly and annual fuel report forms, the statement would be
identical, with the exception that the burden estimate would be three
hours.

Attachments (These are not attached.  For access, see the web address in
section 5(b).)

Attachment 1 - EPA Form 3520-12

Attachment 2 - Instructions for EPA Form 3520-12

Attachment 3 - EPA Form 3520-13

Attachment 4 - Instructions for EPA Form 3520-13

Attachment 5 - EPA Form 3520-13A

Attachment 6 - Instructions for EPA Form 3520-13A

Attachment 7 - EPA Form 3520-13B

Attachment 8 - EPA Form 3520-12Q

Attachment 9 - Instructions for EPA Form 3520-12Q

Attachment 10 - EPA Form 3520-12A

Attachment 11 - Instructions for EPA Form 3520-12A

 PAGE

 PAGE   1


[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Rules and Regulations]
[Page 55121-55123]
[DOCID:fr27oc09-7]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0037; Directorate Identifier 2007-NE-41-AD;
Amendment 39-16052; AD 2009-22-01]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd. & Co. KG.
(RRD) Tay 650-15 Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. That AD currently requires initial and
repetitive inspections of the low-pressure (LP) turbine discs stage 2
and stage 3 for corrosion, on certain serial number engines. This AD
requires the same actions, but extends the applicability to additional
engine serial numbers. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Strip results from some of the engines listed in the
applicability section of this directive revealed excessively
corroded low-pressure turbine disks stage 2 and stage 3. The
corrosion is considered to be caused by the environment in which
these engines are operated. Following a life assessment based on the
strip findings it is concluded that inspections for corrosion attack
are required. The action specified by this AD is intended to avoid a
failure of a low-pressure turbine disk stage 2 or stage 3 due to
potential corrosion problems which could result in uncontained
engine failure and damage to the airplane.

We are issuing this AD to detect corrosion that could cause the stage 2
or stage 3 disk of the LP turbine to fail and result in an uncontained
failure of the engine.

DATES: This AD becomes effective November 12, 2009.
    We must receive comments on this AD by November 27, 2009.
    The Director of the Federal Register approved the incorporation by
reference of Rolls-Royce Deutschland Alert Service Bulletin No. TAY-72-
A1524, Revision 2, dated June 13, 2008, listed in the AD as of November
12, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: 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>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Jason Yang, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    Contact Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11,
Dahlwitz, 15827 Blankenfelde-Mahlow, Germany; telephone 49 (0) 33-7086-
1768; fax 49 (0) 33-7086-3356, for the service information referenced
in this AD.

SUPPLEMENTARY INFORMATION:

Discussion

    On May 5, 2008, the FAA issued AD 2008-10-14 (Amendment 39-15521
(73 FR 29405, May 21, 2008). That AD requires initial and repetitive
inspections of the LP turbine discs stage 2 and stage 3 for corrosion
on 45 engines by serial number. That AD was the result of MCAI issued
by an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. That condition, if not
corrected, could result in the stage 2 or stage 3 disk of the LP
turbine to fail and result in an uncontained failure of the engine.
    Since AD 2008-10-14 was issued, RRD identified 34 additional
engines by serial number that require the same inspections. The
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0122, dated July 1, 2008. That MCAI

extends the applicability to include the 34 additional engine serial
numbers for inspections.
    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Rolls-Royce Deutschland has issued Alert Service Bulletin No. TAY-
72-A1524, Revision 2, dated June 13, 2008. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This AD

    Although no airplanes that are registered in the United States use
these RRD Tay 650-15 engines, the possibility exists that the engines
could be used on airplanes that are registered in the United States in
the future. The unsafe condition described previously is likely to
exist or develop on other RRD Tay 650-15 engines of the same type
design. We are issuing this AD to detect corrosion that could cause the
stage 2 or stage 3 disk of the LP turbine to fail and result in an
uncontained failure of the engine. This AD requires initial and
repetitive inspections of the LP turbine discs stage 2 and stage 3 for
corrosion on certain serial number engines. You must use the service
information described previously to perform the actions required by
this AD.

FAA's Determination of the Effective Date

    Since no domestic operators use this product, notice and
opportunity for public comment before issuing this AD are unnecessary.
Therefore, we are adopting this regulation immediately.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2007-0037; Directorate
Identifier 2007-NE-41-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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
with FAA personnel concerning this AD. Using the search function of the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor
union, etc.). You may review the DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15521 (73 FR
29405, May 21, 2008), and by adding a new airworthiness directive,
Amendment 39-16052, to read as follows:

2009-22-01 Rolls-Royce Deutschland Ltd & Co KG (RRD) (formerly
Rolls-Royce plc, Derby, England): Amendment 39-16052. Docket No.
FAA-2007-0037; Directorate Identifier 2007-NE-41-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
12, 2009.

Affected ADs

    (b) This AD supersedes AD 2008-10-14, Amendment 39-15521.

Applicability

    (c) This AD applies to RRD Tay 650-15 turbofan engines that have
a serial number listed in Table 1 or Table 2 of this AD, and low-
pressure (LP) turbine module M05300AA installed. These engines are
installed on, but not limited to, Fokker F28 Mark 0100 airplanes.

 Table 1--Affected Tay 650-15 Engines by Serial Number (Carried Forward
                           From AD 2008-10-14)
------------------------------------------------------------------------
                          Engine Serial Number
-------------------------------------------------------------------------
17251
17255
17256
17273
17275
17280
17281
17282
17300
17301
17327
17332
17365
17393
17437
17443
17470
17520

17521
17523
17539
17542
17556
17561
17562
17563
17580
17581
17612
17618
17635
17637
17645
17661
17686
17699
17701
17702
17736
17737
17738
17739
17741
17742
17808
------------------------------------------------------------------------

Table 2--Affected Tay 650-15 Engines by Serial Number (Added New in This
                                   AD)
------------------------------------------------------------------------
                          Engine Serial Number
-------------------------------------------------------------------------
17249
17303
17358
17370
17425
17426
17433
17438
17445
17446
17460
17474
17478
17490
17491
17517
17518
17522
17534
17535
17536
17538
17540
17541
17552
17553
17585
17613
17723
17724
17740
17759
17760
17807
------------------------------------------------------------------------

Reason

    (d) Strip results from some of the engines listed in the
applicability section of this directive revealed excessively
corroded low-pressure turbine disks stage 2 and stage 3. The
corrosion is considered to be caused by the environment in which
these engines are operated. Following a life assessment based on the
strip findings it is concluded that inspections for corrosion attack
are required. The action specified by this AD is intended to avoid a
failure of a low-pressure turbine disk stage 2 or stage 3 due to
potential corrosion problems which could result in uncontained
engine failure and damage to the airplane.
    We are issuing this AD to detect corrosion that could cause the
stage 2 or stage 3 disk of the LP turbine to fail and result in an
uncontained failure of the engine.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Prior to accumulating 11,700 flight cycles (FC) since new,
and thereafter at intervals not exceeding 11,700 FC of the engine,
inspect the LP turbine disks stage 2 and stage 3 for corrosion in
accordance with RRD Alert Service Bulletin No. TAY-72-A1524,
Revision 2, dated June 13, 2008.
    (2) For engines that already exceed 11,700 FC on the effective
date of this AD, perform the inspection within 90 days after the
effective date of this AD.
    (3) When, during any of the inspections as required by paragraph
(e)(1) of this directive, corrosion is found, replace the affected
parts. The RRD TAY 650 Engine Manual--E-TAY-3RR, Tasks 72-52-23-200-
000 and 72-52-24-200-000 contains guidance on performing the
inspection for corrosion and rejection criteria.

Previous Credit

    (f) Initial inspections done before the effective date of this
AD on LP turbine disks stage 2 and stage 3 listed in Table 1 of this
AD using RRD Alert Service Bulletin No. TAY-72-A1524, Revision 1,
dated September 1, 2006, comply with the initial inspection
requirements specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Engine Certification Office, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

Related Information

    (h) Refer to European Aviation Safety Agency AD 2008-0122, dated
July 1, 2008, for related information.
    (i) Contact Jason Yang, Aerospace Engineer, Engine Certification
Office, FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803; e-mail<EMAIL_ADDRESS>
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for more information
about this AD.

Material Incorporated by Reference

    (j) You must use Rolls-Royce Deutschland Alert Service Bulletin
No. TAY-72-A1524, Revision 2, dated June 13, 2008, to do the actions
required by this AD.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlwitz, 15827
Blankenfelde-Mahlow, Germany; telephone 49 (0) 33-7086-1768; fax 49
(0) 33-7086-3356.
    (3) You may review copies at the FAA, New England Region, 12 New
England Executive Park, Burlington, MA; or at the National Archives
and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go
to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on October 8, 2009.
Diane S. Romanosky,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-25031 Filed 10-26-09; 8:45 am]

BILLING CODE 4910-13-P