Date:               April 20, 2015

From:            	Brian Clapp/DC/USEPA/US

To (bcc):        	Mark Rossolo, UL<EMAIL_ADDRESS>                       	Jessica Evans, NSF<EMAIL_ADDRESS>                       	Mark Petruzzi, Green Seal<EMAIL_ADDRESS>                       	Brad Miller, BIFMA<EMAIL_ADDRESS>                       	Dean Thompson, Resilient Floor Coverings<EMAIL_ADDRESS>                       	Bridgett Luther, Cradle to Cradle<EMAIL_ADDRESS>                       	Robert Frisbee, Green Electronics Council<EMAIL_ADDRESS>                       	Steve Mawn, ASTM<EMAIL_ADDRESS>                       	Anne Calas, ANSI<EMAIL_ADDRESS>

            Subject: Request for Assistance; "Assessment of Environmental Performance Standards and Ecolabels for Federal Procurement" ICR

On March 19, 2015, EPA published a Notice in the Federal Register (80 FR 06275) titled "Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assessment of Environmental Performance Standards and Ecolabels for Federal Procurement; EPA ICR No. 2516.01, OMB Control No. 2070-new." (See http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2014-0838-0001) This Notice refers to EPA's intention to request new Office of Management and Budget (OMB) clearance of an information collection related to the assessment of environmental performance standards and ecolabels for Federal procurement.

In addition to public notice and comment requirement that the above Notice initiates, OMB regulations at 5 CFR 1320.8(d)(1)) require agencies to consult with potential respondents and data users about specific aspects of an information collection request (ICR) before submitting it to OMB for review and approval, regardless, in the case of ICR renewals, of whether changes have or have not been made to the collection activity.

As part of this required consultation, I am contacting you to solicit your input.  Please note that if you take this opportunity to provide input, your name, affiliation, e-mail address, phone number and any information you provide (e.g., copies of e-mails) will be incorporated and attached to the ICR supporting statement, which will be a public document.  In addition, the OMB Desk Examiner for the ICR in question may contact you to verify the accuracy of any comments EPA identifies in the ICR.

EPA solicits your input on the following questions:

Are the data that EPA seeks under this ICR available from any public source, or already collected by another EPA office or by another agency?  If so, where can the data be found?

Is it clear what is required for data submission?  If not, are there any suggestions for clarifying instructions?

Would you be interested in an electronic/data submission option?  What type of alternative would you be most likely to utilize  -  web form, diskette, CD-ROM?

For electronic submission, how should signature requirements be handled  -  Private Key Infrastructure, PINS and passwords, signed paper cover sheet?

Do you agree with EPA's estimated burden and costs (the ICR addresses only the costs associated with paperwork)?  Are the Bureau of Labor Statistics (BLS) labor rates accurate?  If you have any reason to consider the BLS labor rates as used by EPA inaccurate or inappropriate, explain your rationale.

To access the Federal Register Notice, the ICR supporting document, and any public comments received to date, go to:
o www.regulations.gov/
o enter EPA-HQ-OPPT-2014-0838 in the Enter Keyword or ID field
o click on "Search"
o then click on any of the documents listed within the docket to read the document; you will be most interested in the Supporting Statement, identified by its title beginning "Information Collection Request..."

Your response will be greatly appreciated.  If you have any comments in response to the above questions, or with respect to any other part of the information collection, please respond by return e-mail by May 18, 2015.  EPA will consider those responses, as well as any public comment received in response to the Federal Register Notice identified above, in preparing a final document for OMB review.

Thank you for your assistance.

Sincerely yours,

Brian Clapp, Environmental Protection Specialist
Chemistry, Economics, and Sustainable Strategies Division
Office of Pollution Prevention and Toxics/Office of Chemical Safety and Pollution Prevention Environmental Protection Agency
Washington, DC 20460
202-564-8838


[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Rules and Regulations]
[Pages 7101-7102]
[FR Doc No: 2011-2758]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0113; Directorate Identifier 2008-NE-25-AD;
Amendment 39-16602; AD 2011-04-02]
RIN 2120-AA64

Airworthiness Directives; Hamilton Sundstrand Propellers Model
247F Propellers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires removing affected propeller
blades from service. This AD was prompted by reports of blades with
corrosion pits in the tulip area of the blades. We are issuing this AD
to prevent cracks from developing in the tulip area of the blade, which
could result in separation of the blade and possible loss of airplane
control.

DATES: This AD is effective March 16, 2011.

ADDRESSES:

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Michael Schwetz, Aerospace Engineer,
Boston Aircraft Certification Office, FAA, Engine and Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That SNPRM published in the Federal Register on October 8,
2010 (75 FR 62333). That SNPRM proposed to require removing affected
propeller blades from service.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM or on the determination
of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor changes to the compliance date for certain serial number (S/N)
propeller blades. The SNPRM proposed to require removing propeller
blades part number (P/N) 817370-1, S/Ns FR2449 to FR2958 inclusive,
FR20010710 to FR20010722 inclusive, and FR20010723RT to FR20020127RT
inclusive, before December 31, 2010. We determined that those S/N
propeller blades should be removed within the same compliance time as
propeller blades P/N 817370-1, S/Ns FR2018, FR2103, FR2108, FR2109,
FR2111, FR2123, FR2183, FR2187, FR2262, FR2276 through FR2279
inclusive, and FR2398. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Costs of Compliance

    We estimate that this AD will affect 10 propellers installed on
airplanes of U.S. registry. We also estimate that it will take about 16
work-hours per propeller to perform the required actions, and that the
average labor rate is $85 per work-hour. Required parts will cost about
$50 per propeller. Based on these figures, we estimate the total cost
of this AD to U.S. operators to be $14,100.

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

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2011-04-02 Hamilton Sundstrand Corporation: Amendment 39-16602;
Docket No. FAA-2009-0113; Directorate Identifier 2008-NE-25-AD.

Effective Date

    (a) This AD is effective March 16, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Hamilton Sundstrand model 247F series
propellers with blades part number (P/N) 817370-1, serial numbers
(S/Ns) FR2018, FR2103, FR2108, FR2109, FR2111, FR2123, FR2183,
FR2187, FR2262, FR2276 through FR2279 inclusive, FR 2398, FR2449 to
FR2958 inclusive, FR20010710 to FR20010722 inclusive, and
FR20010723RT to FR20020127RT inclusive, installed. These propellers
are installed on, but not limited to, ATR-GIE Avions de Transport
Regional ATR72-210 and ATR72-210E airplanes.

Unsafe Condition

    (d) This AD results from reports of blades with corrosion pits
in the tulip area of the blades. We are issuing this AD to prevent
cracks from developing in the tulip area of the blade, which could
result in separation of the blade and possible loss of airplane
control.

Compliance

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

Removing Blades P/N 817370-1

    (f) Remove from service, blades P/N 817370-1, S/Ns FR2018,
FR2103, FR2108, FR2109, FR2111, FR2123, FR2183, FR2187, FR2262,
FR2276 through FR2279, FR2398, FR2449 to FR2958 inclusive,
FR20010710 to FR20010722 inclusive, and FR20010723RT to FR20020127RT
inclusive, within 30 days after the effective date of this AD.

Alternative Methods of Compliance

    (g) The Manager, Boston Aircraft Certification Office, has the
authority to approve alternative methods of compliance for this AD
if requested using the procedures found in 14 CFR 39.19.

Related Information

    (h) For more information about this AD, contact Michael Schwetz,
Aerospace Engineer, Boston Aircraft Certification Office, FAA,
Engine and Propeller Directorate, 12 New England Executive Park,
Burlington, MA 01803; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>
    Issued in Burlington, Massachusetts, on January 31, 2011.
Peter A. White,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2011-2758 Filed 2-8-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84569-84570]
[FR Doc No: 2016-28168]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the

decisional record of the proceeding, unless the communication was with
a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at 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. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
          Docket No.               File date     Presenter or requester
------------------------------------------------------------------------
Prohibited:
    1. CP15-558-000...........       11-2-2016  Andre Nurkin.
    2. CP15-138-000, PF14-8-         11-4-2016  Jonathan and Jill
     000.                                        Kloppmann.
    3. CP15-138-000, PF14-8-         11-4-2016  Abner B. Esh.
     000.
    4. CP13-483-001, CP13-492-       11-8-2016  Grand Junction Economic
     001.                                        Partnership.
    5. CP16-10-010............       11-9-2016  Judy and Barry Sink.
Exempt:
    1. CP15-138-000...........      10-31-2016  State of Pennsylvania
                                                 House Representative,
                                                 Bryan Cutler.
    2. CP14-96-000............       11-3-2016  U.S. House
                                                 Representative Stephen
                                                 F. Lynch.
    3. CP13-483-001, CP13-492-       11-7-2016  City of Rifle, Colorado.
     001.
    4. CP13-483-001, CP13-492-       11-8-2016  Rio Blanco County,
     001.                                        Colorado, Board of
                                                 County Commissioners.
    5. CP13-483-001, CP13-492-       11-8-2016  Delta County, Colorado,
     001.                                        Board of County
                                                 Commissioners.
    6. CP13-483-001, CP13-492-       11-9-2016  Town of Parachute,
     001.                                        Colorodo, Mayor Roy B.
                                                 McClung.
    7. CP13-483-001, CP13-492-       11-9-2016  City of Grand Junction,
     001.                                        Colorodo, Mayor Phyllis
                                                 Norris.
    8. CP16-357-000...........      11-10-2016  FERC Staff.\1\
------------------------------------------------------------------------
\1\ Conference Call Summary for October 19, 2016 call with Burns &
  McDonnell and U.S. Fish and Wildlife Service.

    Dated: November 15, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-28168 Filed 11-22-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68598-68599]
[FR Doc No: 2023-22023]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2934-000]

PGR 2022 Lessee 4, 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
PGR 2022 Lessee 4, 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 October 18, 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: September 28, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-22023 Filed 10-3-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 11 (Wednesday, January 17, 2018)]
[Rules and Regulations]
[Pages 2361-2364]
[FR Doc No: 2018-00658]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0894; Product Identifier 2017-SW-044-AD; Amendment
39-19160; AD 2018-02-07]
RIN 2120-AA64

Airworthiness Directives; Various Restricted Category Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for Model
TH-1F, UH-1B, UH-1F, UH-1H, and UH-1P helicopters with a Helicopter
Technology Company (HTC) main rotor (M/R) blade installed. This AD
requires cleaning and visually inspecting the M/R blades and, depending
on the outcome of the inspection, repairing or replacing the M/R
blades. This AD is prompted by a report of an M/R blade with a fatigue
crack in the grip plate and doublers at the blade retention bolt hole.
The actions of this AD are intended to correct an unsafe condition on
these products.

DATES: This AD becomes effective February 1, 2018.
    We must receive comments on this AD by March 19, 2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0894; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the economic evaluation, any comments received, and other
information. The street address for Docket Operations (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.
    For service information identified in this final rule, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; telephone
(817) 280-3391; fax<PHONE_NUMBER>; or at http://www.bellcustomer.com/files/. You may review the referenced service information at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Galib Abumeri, Aerospace Engineer
(Structures), Los Angeles ACO Branch, Compliance and Airworthiness
Division, FAA, 3960 Paramount Blvd., Lakewood, California 90712;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. We will file in the docket all comments that
we receive, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    We are adopting a new AD for restricted category Model TH-1F, UH-
1B, UH-1F, UH-1H, and UH-1P helicopters with an HTC M/R blade part
number (P/N) 204P2100-101 installed. This AD requires repetitive
inspections of the exposed areas of the lower grip pad and upper and
lower grip plates of each M/R blade for a crack, corrosion, an edge
void, loose or damaged adhesive squeeze-out, and an edge delamination.
The type certificate holders for these model helicopters are: Arrow
Falcon Exporters Inc.; AST, Inc.; California Department of Forestry;
Global Helicopter Technology, Inc.; Hagglund Helicopters, LLC;
International Helicopters, Inc.; JJASPP Engineering Services, LLC;
Northwest Rotorcraft, LLC; OAS Parts LLC; Red Tail Flying Services,
LLC; Richards Heavylift Helo, Inc.; Robinson Air Crane, Inc.;
Rotorcraft Development Corporation; San Joaquin Helicopters; Southwest
Florida Aviation International, Inc.; and Tamarack Helicopters, Inc.
    The actions of this AD are the same as those required by AD 2016-
23-09 (81 FR 83660, November 22, 2016), which applies to various
restricted category helicopters with an M/R blade P/N 204-011-250-005
or P/N 204-011-250-113 installed. AD 2016-23-09 was prompted by a
report of an M/R blade with multiple fatigue cracks around the
retention bolt hole.
    This AD is prompted by a report that during a ground inspection, a
crack was discovered in the grip plate and doublers at the blade
retention bolt hole of a UH-1B helicopter model. The blade, which HTC
produced for restricted category and commercial model helicopters, had
926 hours TIS and is of the same design as the M/R blades in AD 2016-
23-09. We are issuing this AD to detect or prevent a crack, which could
lead to failure of an M/R blade and subsequent loss of helicopter
control.

FAA's Determination

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

Related Service Information

    We reviewed Bell Helicopter Alert Service Bulletin (ASB) No. UH-1H-
13-09, dated January 14, 2013, for the Model UH-1H helicopter. ASB No.
UH-1H-13-09 specifies a one-time visual inspection, within 10 hours
time-in-service (TIS), of the lower grip pad and upper and lower grip
plates for cracks, edge voids, and loose or damaged adhesive squeeze-
out. ASB No. UH-1H-13-09 also specifies a repetitive and more detailed
visual inspection, daily and at every 150 hours TIS, of the lower grip
pad, upper and lower grip plates, and all upper and the lower doublers
for cracks, corrosion, edge voids, and loose or damaged adhesive
squeeze-out.
    We also reviewed HTC Service Notice No. 204-2100-1, dated July 5,
2017, for

affected helicopters with M/R blade P/N 204P2100-101, serial numbers
A099 through A119 installed. This service notice specifies cleaning and
visually inspecting the M/R blades and depending on the outcome,
repairing or replacing the blades, in accordance with AD 2016-23-09.

AD Requirements

    This AD requires within 25 hours time-in-service (TIS) or 2 weeks,
whichever occurs first, and thereafter at intervals not to exceed 25
hours TIS or 2 weeks, whichever occurs first, cleaning the upper and
lower exposed surfaces of each M/R blade from an area starting at the
butt end of the blade to three inches outboard of the doublers. Using a
3X or higher power magnifying glass and a light, this AD also requires
inspecting the M/R blade parts for a crack or corrosion. If there is a
crack, corrosion, an edge void, loose or damaged adhesive squeeze-out,
or an edge delamination, before further flight, this AD requires
repairing the M/R blade or replacing it with an airworthy M/R blade,
depending on whether the condition is within maximum repair damage
limits.
    This AD also requires reporting information about any cracks found
during the inspection to the FAA within 10 days.

Differences Between This AD and the Service Information

    ASB No. UH-1H-13-09 specifies a one-time inspection and then a
second repetitive inspection daily and at every 150 hours TIS. This AD
requires all inspections at intervals not to exceed 25 hours TIS or two
weeks, whichever occurs first. This AD contains more detailed
inspection requirements and a more specific inspection area than the
instructions in ASB No. UH-1H-13-09. Lastly, ASB No. UH-1H-13-09
applies to Model UH-1H helicopters with M/R blade P/N 204-011-250-113,
while this AD applies to Model UH-1H, TH-1F, UH-1B, UH-1F, and UH-1P
helicopters with HTC M/R blade part number (P/N) 204P2100-101.

Interim Action

    We consider this AD to be an interim action. The notification of a
crack in the M/R blade that is required by this AD may enable us to
obtain better insight into the cause of the M/R blade cracking. This
information may help us develop additional action to address this
unsafe condition. Once this action is developed, approved, and
available, we might consider additional rulemaking.

Costs of Compliance

    We estimate that this AD affects 10 helicopters of U.S. Registry
and that labor costs average $85 per work-hour. Based on these
estimates, we expect the following costs:
     Cleaning and performing all inspections of a set of M/R
blades (2 per helicopter) requires 0.5 work-hour for a cost of $43 per
helicopter and $430 for the U.S. fleet per inspection cycle.
     Replacing an M/R blade requires 12 work-hours and parts
cost $86,000 for a total cost of $87,020 per blade.
     Reporting the inspection results required by this AD will
require about 0.5 work-hour for a cost of $43 per helicopter and $430
for the U.S. fleet.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting required by this AD
is mandatory. Comments concerning the accuracy of this burden and
suggestions for reducing the burden should be directed to the FAA at
800 Independence Ave. SW, Washington, DC 20591. ATTN: Information
Collection Clearance Officer, AES-200.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting
these AD requirements would delay implementing the safety actions
needed to correct this known unsafe condition. Therefore, we find that
the risk to the flying public justifies waiving notice and comment
prior to the adoption of this rule because the required corrective
actions must be accomplished within two weeks.
    Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
prior public comment before issuing this AD are impracticable and that
good cause exists to make this AD effective in less than 30 days.

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, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic 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

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-02-07 Various Restricted Category Helicopters: Amendment 39-
19160; Docket No. FAA-2017-0894; Product Identifier 2017-SW-044-AD.

(a) Applicability

    This AD applies to the following helicopters, certificated in
the restricted category, with a Helicopter Technology Company (HTC)
main rotor (M/R) blade part number 204P2100-101 installed:
    (1) Arrow Falcon Exporters Inc.; Global Helicopter Technology,
Inc.; Hagglund Helicopters, LLC; JJASPP Engineering Services, LLC;
Northwest Rotorcraft, LLC; OAS Parts, LLC; Richards Heavylift Helo,
Inc.; Rotorcraft Development Corporation; Southwest Florida Aviation
International, Inc.; and Tamarack Helicopters, Inc., Model UH-1H
helicopters;
    (2) International Helicopters, Inc.; OAS Parts, LLC; Red Tail
Flying Services, LLC; Richards Heavylift Helo, Inc.; Rotorcraft
Development Corporation; San Joaquin Helicopters; and Southwest
Florida Aviation International, Inc., Model UH-1B helicopters;
    (3) Robinson Air Crane, Inc.; Rotorcraft Development
Corporation; and Tamarack Helicopters, Inc., Model TH-1F
helicopters;
    (4) AST, Inc.; California Department of Forestry, Robinson Air
Crane, Inc.; Rotorcraft Development Corporation; and Tamarack
Helicopters, Inc., Model UH-1F helicopters; and
    (5) Robinson Air Crane, Inc., and Rotorcraft Development
Corporation, Model UH-1P helicopters.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in an M/R blade,
which could result in failure of the M/R blade and subsequent loss
of helicopter control.

(c) Effective Date

    This AD becomes effective February 1, 2018.

 (d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 25 hours time-in-service (TIS) or 2 weeks, whichever
occurs first, and thereafter at intervals not to exceed 25 hours TIS
or 2 weeks, whichever occurs first, clean the upper and lower
exposed surfaces of each M/R blade from an area starting at the butt
end of the blade to three inches outboard of the doublers. Using a
3X or higher power magnifying glass and a light, inspect as follows:
    (i) Visually inspect the exposed areas of the lower grip pad and
upper and lower grip plates of each M/R blade for a crack and any
corrosion.
    (ii) On the upper and lower exposed surfaces of each M/R blade
from blade stations 24.5 to 35 for the chord width, visually inspect
each layered doubler and blade skin for a crack and any corrosion.
Pay particular attention for any cracking in a doubler or skin near
or at the same blade station as the blade retention bolt hole (blade
station 28).
    (iii) Visually inspect the exposed areas of each bond line at
the edges of the lower grip pad, upper and lower grip plates, and
each layered doubler (bond lines) on the upper and lower surfaces of
each M/R blade for the entire length and chord width for an edge
void, any corrosion, loose or damaged adhesive squeeze-out, and an
edge delamination. Pay particular attention to any crack in the
paint finish that follows the outline of a grip pad, grip plate, or
doubler, and to any loose or damaged adhesive squeeze-out, as these
may be the indication of an edge void.
    (2) If there is a crack, any corrosion, an edge void, loose or
damaged adhesive squeeze-out, or an edge delamination during any
inspection in paragraph (e)(1) of this AD, before further flight, do
the following:
    (i) If there is a crack in a grip pad or any grip plate or
doubler, replace the M/R blade with an airworthy M/R blade.
    (ii) If there is a crack in the M/R blade skin that is within
maximum repair damage limits, repair the M/R blade. If the crack
exceeds maximum repair damage limits, replace the M/R blade with an
airworthy M/R blade.
    (iii) If there is any corrosion within maximum repair damage
limits, repair the M/R blade. If the corrosion exceeds maximum
repair damage limits, replace the M/R blade with an airworthy M/R
blade.
    (iv) If there is an edge void in the grip pad or in a grip plate
or doubler, determine the length and depth using a feeler gauge.
Repair the M/R blade if the edge void is within maximum repair
damage limits or replace the M/R blade with an airworthy M/R blade.
    (v) If there is an edge void in a grip plate or doubler near the
outboard tip, tap inspect the affected area to determine the size
and shape of the void. Repair the M/R blade if the edge void is
within maximum repair damage limits or replace the M/R blade with an
airworthy M/R blade.
    (vi) If there is any loose or damaged adhesive squeeze-out along
any of the bond lines, trim or scrape away the adhesive without
damaging the adjacent surfaces or parent material of the M/R blade.
Determine if there is an edge void or any corrosion by lightly
sanding the trimmed area smooth using 280 or finer grit paper. If
there is no edge void or corrosion, refinish the sanded area.
    (vii) If there is an edge delamination along any of the bond
lines or a crack in the paint finish, determine if there is an edge
void or a crack in the grip pad, grip plate, doubler, or skin by
removing paint from the affected area by lightly sanding in a span-
wise direction using 180-220 grit paper. If there are no edge voids
and no cracks, refinish the sanded area.
    (viii) If any parent material is removed during any sanding or
trimming in paragraphs (e)(2)(vi) or (e)(2)(vii) of this AD, repair
the M/R blade if the damage is within maximum repair damage limits
or replace the M/R blade with an airworthy M/R blade.
    (3) If there is a crack during any inspection in paragraph
(e)(1) of this AD, within 10 days after completing the inspection,
report the information requested in Appendix 1 to this AD by mail to
the Los Angeles ACO Branch, Compliance and Airworthiness Division,
FAA, 3960 Paramount Blvd., Lakewood, California 90712; attn. Galib
Abumeri; or by email to [email protected].

(f) Special Flight Permits

    Special flight permits are prohibited.

(g) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 30 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, may approve AMOCs
for this AD. Send your proposal to: Galib Abumeri, Aerospace
Engineer (Structures), Airframe Section, Los Angeles ACO Branch,
Compliance and Airworthiness Division, FAA, 3960 Paramount Blvd.,
Lakewood, California 90712; telephone<PHONE_NUMBER>; email
[email protected].
    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(i) Additional Information

    HTC Service Notice No. 204-2100-1, dated July 5, 2017, and Bell
Alert Service Bulletin No. UH-1H-13-09, dated January 14, 2013,
which are not incorporated by reference, contain additional
information about the subject of this AD. For service information
identified in this AD, contact Bell Helicopter Textron, Inc., P.O.
Box 482, Fort Worth, TX 76101; telephone<PHONE_NUMBER>; fax (817)
280-6466; or at http://www.bellcustomer.com/files/. You may review
this service information at the FAA, Office of the Regional Counsel,
Southwest

Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6210, Main Rotor
Blades.

    Issued in Fort Worth, Texas, on January 9, 2018.
James A. Grigg,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.

Appendix 1 to AD 2018-02-07

    Please report the following by mail to the Los Angeles ACO
Branch, Compliance and Airworthiness Division, FAA, 3960 Paramount
Blvd., Lakewood, California 90712; attn. Galib Abumeri; or by email
to [email protected].
    (1) Date of inspection:
    (2) Aircraft N-number:
    (3) M/R blade serial number:
    (4) M/R blade hours of time-in-service:
    (5) Location of each crack:
    (6) Dimension of each crack:
    (7) Primary operating location of the M/R blade:

[FR Doc. 2018-00658 Filed 1-16-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 83 (Tuesday, May 2, 2017)]
[Notices]
[Pages 20502-20506]
[FR Doc No: 2017-08814]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80531; File No. SR-OCC-2017-002]

Self-Regulatory Organizations; the Options Clearing Corporation;
Order Approving Proposed Rule Change Concerning Changes to the Options
Clearing Corporation's Management Structure

April 26, 2017.
    On February 22, 2017, the Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'')
proposed rule change SR-OCC-2017-002 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder.\2\ The proposed rule change was published for comment in
the Federal Register on March 13, 2017.\3\ The Commission did not
receive any comment letters 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\ See Securities Exchange Act Release No. 80168 (March 7,
2017), 82 FR 13522 (March 13, 2017) (SR-OCC-2017-002).
---------------------------------------------------------------------------

I. Description of the Proposed Rule Change

    This proposed rule change by OCC will amend OCC's By-Laws, Rules,
Board of Directors Charter (``Board Charter''), Compensation and
Performance Committee Charter (``CPC Charter''), Dividend Policy, and
Refund Policy to address organizational changes within OCC's management
structure. Specifically, OCC is proposing the following: (1) Amendments
to OCC's By-Laws to provide that the Executive Chairman will also serve
as Chief Executive Officer (``CEO''); (2) amendments to OCC's By-Laws
and Rules to reflect that the President will no longer be a recognized
officer of OCC; (3) amendments to OCC's By-Laws to provide that the
Board will elect the Chief Operating Officer (``COO'') and a newly
recognized Chief Administrative Officer (``CAO''); (4) amendments to
OCC's By-Laws and Rules to provide that the COO and CAO will each have
authority to take certain actions or grant exceptions where that
authority was previously granted to the President; (5) conforming
changes to OCC's Board Charter, CPC Charter, and the Dividend and
Refund Policies reflecting the proposed amendments described above; (6)
amendments to OCC's By-Laws to separate the positions of Treasurer and
Chief Financial Officer (``CFO''); and (7) a number of administrative
changes and refinements to the By-Laws and Rules.

(1) The Executive Chairman Also Serves as a Newly Recognized CEO

    Under the proposed rule change, the Executive Chairman will
continue to be appointed by the Board and be responsible for OCC's
control functions. However, OCC proposes to amend Article IV, Section 6
of the By-Laws to provide that the Executive Chairman will also serve
as a newly recognized CEO. In that capacity, the Executive Chairman and
CEO will be responsible for all aspects of OCC's business and the day-
to-day administration of its affairs that are not otherwise assigned to
the COO or CAO.
    OCC notes that, under its current By-Laws, the President is
responsible for all aspects of OCC's business that do not report
directly to the Executive Chairman and is responsible for the day-to-
day administration of OCC's affairs in accordance with the directions
of the Executive Chairman. The proposed rule change will provide the
Executive Chairman/CEO with explicit responsibility for overseeing all
aspects of OCC's business and the day-to-day administration of its
affairs, with the COO and CAO each being responsible for aspects of the
business of OCC that do not report directly to the Executive Chairman
and CEO and administering the day to day affairs and business of OCC in
accordance with the directions of the Executive Chairman and CEO. In
connection with this change, OCC's senior management will be
reorganized within an Office of the Executive Chairman that will be
comprised of the Executive Chairman (who will also serve as CEO), the
COO and the CAO. OCC believes that this new management structure will
combine the breadth and depth of experience and skill necessary within
OCC's senior management team to provide for the efficient and effective
management and operation of OCC, improve OCC's ability to serve
Clearing Members and the markets for which it clears, and help to
ensure that OCC is so organized and has the capacity to facilitate the
prompt and accurate clearance and settlement of the transactions it
clears.

(2) The President Is No Longer a Recognized Officer of OCC

    OCC proposes a number of amendments throughout its By-Laws and
Rules to remove references to the office of President to reflect the
fact that the President will no longer be a recognized officer within
OCC's management. As described in more detail below, all references to
the authority and responsibilities of the President will be removed and
such references will be replaced as appropriate with references to the
COO and newly appointed CAO. OCC believes that eliminating the role of
President and distributing the wide range of authority and
responsibilities associated therewith to two senior officers (the CAO
and COO) will provide for a broader range of knowledge, skills, and
experience within OCC's senior management team, promote more efficient
and effective management and operation of OCC, improve OCC's ability to
serve Clearing Members and the markets for which it clears, and help to
ensure that OCC is so organized and has the capacity to facilitate the
prompt and accurate clearance and settlement of the transactions it
clears.

(3) Election of the COO and CAO

    OCC proposes to amend Article IV, Sections 1, 8 and 13 of the By-
Laws to provide that the Board will elect a COO and a CAO and will set
the salaries for such officers. Accordingly, OCC will continue to have
a COO within its management structure because, as noted above, the
President also serves as COO under OCC's existing By-Laws. The CAO,
however, is a newly recognized officer within OCC's management
structure. As is currently the case regarding the President, neither
the COO nor the CAO will be required to be a member of the Board upon
election. Also, consistent with the existing prohibition against the
same person holding any two of the offices of Executive Chairman,
President and Member Vice Chairman,\4\ the restriction will continue to
apply but will reference the COO and CAO rather than the President. As
noted above, OCC believes that eliminating the role of President and
distributing the wide range of responsibilities associated therewith to
the COO and a newly appointed CAO will provide for more efficient and
effective management and operation of OCC, improve OCC's ability to
serve Clearing Members and the markets for which it clears, and help to
ensure that OCC is so organized and has the capacity to facilitate the
prompt and accurate clearance and settlement of the transactions it
clears.
---------------------------------------------------------------------------

    \4\ See Article IV, Section 1 of the By-Laws.
---------------------------------------------------------------------------

(4) Assignment of Certain Responsibilities to the COO and CAO

    The responsibility of management to carry out OCC's affairs is
frequently assigned to groups of officers, including the Executive
Chairman, President, and other officers of appropriate seniority. This
approach provides flexibility to help ensure that responsibility is not
concentrated in any one officer, that OCC's affairs are carried out
efficiently, and that management has the capacity to continue carrying
out OCC's business and day-to-day affairs even if a particular officer
is absent or becomes disabled. To preserve the benefits of this
structure given the elimination of the office of President, OCC
proposes that the COO and CAO will instead assume certain
responsibilities in the By-Laws and Rules where they are currently
assigned, at least in part, to the President.
    Under the proposed changes to Article IV, Section 8 of the By-Laws,
the COO and CAO will be responsible for the aspects of OCC's business
that do not report directly to the Executive Chairman, as determined by
the Board to promote the efficient and effective management and
operation of OCC, and they will administer their responsibilities in
accordance with directions from the Executive Chairman. Under the
proposed management structure changes, the COO initially will be
responsible for the oversight of OCC's

technology and operations functions while the CAO will be responsible
for the oversight of the finance, human resources, financial risk
management, corporate planning, product and business development, and
project management aspects of OCC's business. In addition, in the event
of any absence or disability of the Executive Chairman, the COO and CAO
will each have the authority and responsibility to fulfill the duties
and have the powers of the Executive Chairman. However, in the absence
or disability of the Executive Chairman, neither the COO nor the CAO
will be permitted to preside at meetings of the Board or stockholders.
    Under the proposed amendments to Article IV, Sections 2, 3, 9, and
13 of the By-Laws, the COO and CAO each will have authority, consistent
with the authority previously granted to the President, to appoint
officers and agents as they deem necessary or appropriate to carry out
the functions assigned to them. This includes, but is not limited to,
the authority to appoint certain Vice Presidents within management. Any
officers or agents who are appointed by the COO or CAO will be subject
to their supervision and will be able to be removed by the COO and CAO,
respectively, at any time, with or without cause. Such officers or
agents will exercise powers and perform duties as determined by the COO
or the CAO and the term and salary \5\ of any such positions will also
be determined by the COO or CAO, respectively. The Executive Chairman
and CEO will also have the authority to set the terms, powers, duties,
and salaries of any officer or agent appointed by the COO or CAO and to
remove officers or agents appointed by the COO and CAO.
---------------------------------------------------------------------------

    \5\ Any salary fixed by the COO or CAO will be subject to any
contrary action taken by the Board, as is the case today regarding
any officers or agents appointed by the Executive Chairman or the
President. See Article IV, Section 13 of the By-Laws.
---------------------------------------------------------------------------

    Other examples of the responsibilities of the President being
reallocated to the COO and CAO in the By-Laws and Rules include, but
are not limited to, that the COO and CAO will, under certain
conditions, have shared authority with the Executive Chairman and other
officers to do the following: (1) Approve banks or trust companies as
Approved Custodians; (2) declare the existence of an emergency and take
related actions; (3) approve clearing membership applications and grant
related extensions; (4) impose restrictions on options exercises; (5)
determine reasonable means through which to borrow or otherwise obtain
funds using Clearing Fund contributions; (6) sign certificates
representing shares in OCC; (7) waive or suspend OCC's By-Laws, Rules,
policies, procedures or any other of OCC's rules in emergency
circumstances to protect OCC or the public interest; (8) impose
restrictions on certain Clearing Member transactions, positions and
activities; (9) extend settlement times in emergency conditions; (10)
waive the required margin deposit of a Clearing Member in the interest
of maintaining fair and orderly markets; \6\ and (11) authorize late
filing of an exercise notice by a Clearing Member.\7\
---------------------------------------------------------------------------

    \6\ See Rule 609A. OCC also proposes to make a ministerial
change to this rule to clarify a reference to the Securities and
Exchange Commission.
    \7\ See proposed changes in (1) OCC By-Laws Article I, Section
1; (2) Article III, Section 15; (3) Article V, Sections 1-3, I&P
.01; (4) Article VI, Section 17; (5) Article VIII, Section 5; (6)
Article IX, Section 12; (7) Article IX, Section 14; (8) OCC Rule
305; (9) Rule 505; (10) Rule 609A; and (11) Rule 801.
---------------------------------------------------------------------------

    OCC believes the proposed changes described above will result in an
appropriate and effective management structure that combines the
breadth and depth of experience and skill necessary within OCC's senior
management team to (i) provide for the efficient and effective
management and operation of OCC, (ii) improve OCC's ability to serve
Clearing Members and the markets for which it clears, and (iii) help to
ensure that OCC is so organized and has the capacity to facilitate the
prompt and accurate clearance and settlement of the transactions it
clears. Moreover, the proposed changes to OCC's management structure
will provide important flexibility to help ensure that responsibility
is not unduly concentrated in any one officer, that OCC's affairs are
carried out efficiently, and that management has the capacity to
continue carrying out OCC's business and day-to-day affairs even if a
particular officer is absent or becomes disabled.
    OCC also proposes to amend Article IV, Section 12 of the By-Laws to
provide that, in the event of a vacancy of the office of Controller,
the Executive Chairman (in addition to the Board) will have the
authority to designate a person to serve as chief accounting officer of
OCC until the office of Controller is filled. OCC believes it will be
appropriate for the Executive Chairman to replace the President in this
role given the Executive Chairman's capacity as Management Director.

(5) Conforming Changes to Certain OCC Charters and Policies

    In connection with the proposed changes described above, OCC also
proposes to change certain references to the President that appear in
its Board Charter, CPC Charter, Dividend Policy and Refund Policy.
These changes are described below and will not otherwise modify OCC's
management structure.
    OCC proposes to amend the Board Charter to reflect that the Board
has responsibility for selecting, overseeing and, where appropriate,
replacing the COO and CAO, and that the Board evaluates and sets the
compensation of these officers. The proposed amendments will also state
that the Board provides counsel and advice to the COO and CAO and
oversees those officers as part of the Board's evaluation of whether
OCC's business is being appropriately managed. OCC notes that the
proposed amendments are consistent with the Board's existing
obligations with respect to the election and oversight of the
President.
    Additionally, OCC proposes to amend the CPC Charter to reflect that
the CPC will generally oversee the compensation, benefits and
perquisites of the COO and CAO, including responsibility for making
associated recommendations to the Board, and to identify that the CPC
is responsible for reviewing and approving the annual goals and
objectives of the COO and CAO. OCC also proposes to amend the CPC
Charter to reflect that the CPC will now meet at least annually with
the COO and CAO (instead of the President) to discuss and review
compensation and performance levels of senior management and other key
officers. In addition, the CPC Charter will be amended to reflect that
the CPC reviews OCC's employment contracts with the COO and CAO (in
place of the President) and makes recommendations to the Board
regarding related approvals.
    OCC's Refund Policy will be amended to reflect that, in addition to
the Executive Chairman, the COO or CAO will have authority under
certain conditions to determine the payment date of refunds. This
authority is currently reserved to the Executive Chairman and the
President. OCC will also amend the Dividend Policy to reflect that, in
addition to the Executive Chairman, the COO or CAO (rather than the
President) will have authority under certain conditions to determine
the payment date of dividends if for any reason OCC's Refund Policy is
not in effect. As a housekeeping matter that is unrelated to the COO
and CAO assuming certain responsibilities of the President, OCC is also
updating its Dividend Policy and Refund Policy to reflect that the
Commission recently

adopted its Standards for Covered Clearing Agencies.\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 78961 (September 28,
2016), 81 FR 70786 (October 13, 2016).
---------------------------------------------------------------------------

(6) Separation of Treasurer and Chief Financial Officer Positions

    OCC proposes to amend Article IV, Section 11 of the By-Laws to
eliminate a sentence that provides that OCC's Treasurer shall also
serve as CFO absent another person being designated by the Board to
serve in that capacity. OCC believes that separating these positions
and eliminating this provision of the By-Laws will allow for greater
flexibility relative to the structure, management and operation of
OCC's corporate finance group. Under the proposed rule change, the
Board will continue to appoint OCC's Treasurer as currently required
under Article IV, Section 1 of the By-Laws; however, the Treasurer will
no longer automatically serve as CFO, and the Board will not be
responsible for appointing OCC's CFO.

(7) Administrative Changes and Refinements

    OCC is proposing a number of administrative changes and refinements
to its By-Laws and Rules. Specifically, OCC proposes to add a
definition of ``Designated Officer'' in Article I, Section 1 of the By-
Laws. The term is already used elsewhere in OCC's By-Laws and Rules
(e.g., Article III, Section 15 of the By-Laws and Rule 1102). OCC
believes that locating this definition in Article, I, Section 1 of the
By-Laws with the majority of the other definitions that are used in
OCC's By-Laws and Rules promotes organizational consistency and clarity
in OCC's legal framework. OCC also proposes to amend Interpretation and
Policy .01 of Rule 309 to change a reference to ``OCC'' to ``the
Corporation'' to conform to existing convention in OCC's By-Laws and
Rules.
    Additionally, OCC proposes to amend Interpretation and Policy .01
of Article III, Section 7 of the By-Laws, which concerns the use of the
criteria of OCC's Fitness Standards for Directors, Clearing Members and
Others in the election of Management Directors, to remove a reference
to the President. OCC notes that, in addition to the proposed
elimination of the office of President in this proposed rule change, in
2014, the Commission approved a proposed rule change providing that
OCC's President will no longer be considered a Management Director.\9\
OCC also proposes to amend Interpretation and Policy .02 of Rule 1104
to remove references to the Management Vice Chairman. In September
2016, the Commission approved a proposed rule change by OCC to
eliminate the role of Management Vice Chairman.\10\ OCC is proposing to
remove remaining references to this position that were intended to be
removed as part of SR-OCC-2016-002.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 73785 (December 8,
2014), 79 FR 73915 (December 12, 2014) (SR-OCC-2014-18).
    \10\ See Securities Exchange Act Release No. 78862 (September
16, 2016), 81 FR 65415 (September 22, 2016) (SR-OCC-2016-002).
---------------------------------------------------------------------------

    Finally, OCC proposes a number of non-substantive amendments to
correct typographical errors in the By-Laws and Rules (e.g., correction
of typographical error in Rule 305(c) to refer to the ``Executive''
Chairman and in Rule 309A to state ``an'' Appointed Clearing Member).

II. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \11\ 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. The Commission finds that the proposal is
consistent with Section 17A(b)(3)(A) of the Act \12\ and Rules 17Ad-
22(e)(1) \13\ and 17Ad-22(e)(2) \14\ thereunder, as described in detail
below.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(C).
    \12\ 15 U.S.C. 78q-1(b)(3)(A).
    \13\ 17 CFR 240.17Ad-22(e)(1).
    \14\ 17 CFR 240.17Ad-22(e)(2).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(A) of the Act

    The Commission finds OCC's proposed changes to be consistent with
Section 17A(b)(3)(A) of the Act.\15\ Section 17A(b)(3)(A) of the Act
\16\ requires, among other things, that a clearing agency be so
organized and have the capacity to be able to facilitate the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts, and transactions for which it is
responsible. As noted above, after implementation of the proposed
changes, OCC's Executive Chairman will also serve as OCC's CEO, the
President's duties and powers will be reallocated among the Executive
Chairman, COO and CAO, the COO and CAO will have authority to take
action or grant exceptions under certain conditions, and the positions
of Treasurer and CFO will be separated. According to OCC, these
leadership and organizational changes are intended to promote efficient
management and operation by doing the following: (i) Providing for a
broad range of knowledge, skills, and experience within OCC's
management team, (ii) improving the alignment of officers'
responsibilities with their skills and experience and thereby enhancing
efficiency and effectiveness within OCC's management, and (iii)
ensuring that there continues to be an appropriate allocation of duties
and powers among officers such that management has the capacity to
continue carrying out OCC's affairs even if a particular officer is
absent or disabled. By promoting OCC's efficient management and
operation, the proposed leadership and organizational changes will
support OCC's efforts to ensure that it is organized and has the
capacity to be able to facilitate the prompt and accurate clearance and
settlement of securities transactions.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78q-1(b)(3)(A).
    \16\ Id.
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(1)

    The Commission finds that the proposed changes are consistent with
Rule 17Ad-22(e)(1).\17\ Rule 17Ad-22(e)(1) \18\ requires each covered
clearing agency to establish, implement, maintain and enforce written
policies and procedures reasonably designed to provide for a well-
founded, clear, transparent, and enforceable legal basis for each
aspect of its activities in all relevant jurisdictions. Pursuant to
this proposal, OCC is centralizing the definition of ``Designated
Officer'' in Article I, Section 1 and making other clarifying and
conforming changes to OCC's governing documents. OCC states that such
conforming and clarifying changes will promote organizational
consistency and clarity in OCC's legal framework to ensure that the
legal framework remains well-founded, transparent and enforceable in
all relevant jurisdictions.
---------------------------------------------------------------------------

    \17\ 17 CFR 240.17Ad-22(e)(1).
    \18\ Id.
---------------------------------------------------------------------------

C. Consistency With Rule 17Ad-22(e)(2)

    The Commission finds that the proposed changes to specify the
responsibilities of the Chairman/CEO, COO and CAO, as well as the
proposed changes to specify which positions are board-appointed, are
consistent with the requirements in Rule 17Ad-22(e)(2).\19\ Rule 17Ad-
22(e)(2) \20\ requires each covered clearing agency to establish,
implement, maintain and enforce written policies and procedures
reasonably designed to provide for governance arrangements that, among

other things, are clear and transparent and specify clear and direct
lines of responsibility. According to OCC, the proposed amendments to
OCC's By-Laws, Rules, charters and policies will provide clear and
transparent statements of the responsibilities of its Executive
Chairman/CEO, COO and CAO within the overall management structure of
OCC. In addition, the proposed amendments support clarity and
transparency by reflecting in OCC's By-Laws and Rules organizational
changes to provide that the President will no longer be a recognized
officer of OCC, to provide that the Board will appoint the COO and CAO,
and to separate the positions of Treasurer and CFO. Finally, the
proposed changes, in specifying the responsibilities of the Chairman/
CEO, COO and CAO, support the requirement that OCC provide for
governance arrangements that specify clear and direct lines of
responsibility, helping to clarify the roles that each individual will
fulfill and fostering accountability at OCC.
---------------------------------------------------------------------------

    \19\ 17 CFR 240.17Ad-22(e)(2).
    \20\ Id.
---------------------------------------------------------------------------

III. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed change is consistent with the requirements of the Act, and in
particular, with the requirements of Section 17A of the Act \21\ and
the rules and regulations thereunder.
---------------------------------------------------------------------------

    \21\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\22\ that the proposed rule change (SR-OCC-2017-002) be,
and it hereby is, approved.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-08814 Filed 5-1-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Page 28363]
[FR Doc No: 2019-12886]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-536, OMB Control No. 3235-0596]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 204A-1

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit these existing collections of information to the Office of
Management and Budget for extension and approval.
    The title for the collection of information is ``Rule 204A-1 (17
CFR 275.204A-1) under the Investment Advisers Act of 1940'' (15 U.S.C.
80b-1 et seq.) Rule 204A-1 (the ``Code of Ethics Rule'') requires
investment advisers registered with the Commission to (i) set forth
standards of conduct expected of advisory personnel (including
compliance with the federal securities laws); (ii) safeguard material
nonpublic information about client transactions; and (iii) require the
adviser's ``access persons'' to report their personal securities
transactions, including transactions in any mutual fund managed by the
adviser. The Code of Ethics Rule requires access persons to obtain the
adviser's approval before investing in an initial public offering or
private placement. The Code of Ethics Rule also requires prompt
reporting, to the adviser's chief compliance officer or another person
designated in the code of ethics, of any violations of the code.
Finally, the Code of Ethics Rule requires the adviser to provide each
supervised person with a copy of the code and any amendments, and
require the supervised persons to acknowledge, in writing, their
receipt of these copies.
    The purposes of the information collection requirements are to: (i)
Ensure that advisers maintain codes of ethics applicable to their
supervised persons; (ii) provide advisers with information about the
personal securities transactions of their access persons for purposes
of monitoring such transactions; (iii) provide advisory clients with
information with which to evaluate advisers' codes of ethics; and (iv)
assist the Commission's examination staff in assessing the adequacy of
advisers' codes of ethics and assessing personal trading activity by
advisers' supervised persons.
    The respondents to this information collection are investment
advisers registered with the Commission. The Commission has estimated
that compliance with rule 204A-1 imposes a burden of approximately 91
hours per adviser annually for an estimated total annual burden of
1,194,133 hours.
    An agency may not conduct or sponsor a collection of information
unless it displays a currently valid OMB control number. No person
shall be subject to any penalty for failing to comply with a collection
of information subject to the PRA that does not display a valid OMB
control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Charles Riddle, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
C/O Candace Kenner, 100 F Street NE, Washington, DC 20549; or send an
email to<EMAIL_ADDRESS>
    Dated: June 13, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-12886 Filed 6-17-19; 8:45 am]
BILLING CODE 8011-01-P