[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Proposed Rules]
[Pages 63907-63909]
[FR Doc No: 2013-25137]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0888; Directorate Identifier 2013-CE-024-AD]
RIN 2120-AA64

Airworthiness Directives; Costruzioni Aeronautiche Tecnam srl
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Costruzioni Aeronautiche Tecnam srl Model P2006T airplanes. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as cracks of the nose landing gear
(NLG) lower link. We are issuing this proposed AD to require actions to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by December 9,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go tohttp://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Costruzioni Aeronautiche Tecnam Airworthiness Office, Via Maiorise-
81043 Capua (CE) Italy; telephone: +39 0823 620134; fax: +39 0823
622899; email<EMAIL_ADDRESS>or<EMAIL_ADDRESS>Internet:
www.tecnam.com/it-IT/documenti/service-bulletins.aspx. You may review
copies of the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0888;
Directorate Identifier 2013-CE-024-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2013-0134, dated July 2, 2013 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    During an inspection of a P2006T, a nose landing gear (NLG)
lower link was found with two cracks. The affected NLG lower link is
part of NLG lower link assembly P/N 26-8-1417-000.
    This condition, if not detected and corrected, could lead to NLG
failure, possibly resulting in damage to the aeroplane and injury to
the occupants.
    To address this potential unsafe condition, Costruzioni
Aeronautiche Tecnam (hereafter referred to as Tecnam) issued Service
Bulletin (SB) SB-128-CS, providing inspection instructions. Tecnam
also developed an improved NLG lower link assembly with P/N 26-8-
8000-000, which can be installed in service by accomplishment of
Tecnam SB-104-CS.
    For the reasons described above, this AD requires, for
aeroplanes equipped with NLG lower link assembly P/N 26-8-1417-000,
a one-time inspection of the NLG lower link and, depending on
findings, accomplishment of the applicable corrective action. This
AD also requires installation of the improved NLG lower link
assembly P/N 26-8-8000-000.

You may obtain further information by examining the MCAI on the
Internet at http://www.regulations.gov by searching for and locating it
in Docket No. FAA-2013-0888.

Relevant Service Information

    Costruzioni Aeronautiche Tecnam srl issued Service Bulletin No. SB
104-CS, Edition 2, Revision 1, dated March 28, 2013 (now superseded);
Service Bulletin No. SB 128-CS, Revision 0, dated May 15, 2013; Job
Card 442, Revision 1, dated February 11, 2013; Job Card 468, dated
October 12, 2012; and Job Card 528, Revision 1, dated April 2, 2013.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 7 products of U.S.
registry. We also estimate that it would take about .5 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $0 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $297.50, or $42.50 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 6 work-hours and require parts costing $1,800, for a cost on
U.S. operators of $16,170, or $2,310 per product.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Costruzioni Aeronautiche Tecnam srl: Docket No. FAA-2013-0888;
Directorate Identifier 2013-CE-024-AD.

(a) Comments Due Date

    We must receive comments by December 9, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Costruzioni Aeronautiche Tecnam srl Model
P2006T airplanes, serial numbers (S/N) 001/US through S/N 9999/US,
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 32: Landing
Gear.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as cracking of the
nose landing gear (NLG) lower link. We are issuing this AD to detect
and correct cracks in an NLG lower link, which could lead to NLG
failure, possibly resulting in damage to the airplane and injury to
the occupants.

(f) Actions and Compliance

    Unless already done, do the following actions as specified in
paragraphs (f)(1) through (f)(5) of this AD:
    (1) For airplanes with an NLG lower link assembly part number
(P/N) 26-8-1417-000 installed, within the next 25 hours time-in-
service (TIS) after the effective date of this AD or within the next
30 days after the effective date of this AD, whichever occurs first,
do a detailed inspection of the NLG lower link part (this is in the
NLG -000 assembly) P/N 26-8-1417-1 following the INSPECTION/
REPLACEMENT INSTRUCTIONS of Costruzioni Aeronautiche Tecnam Service
Bulletin No. SB 128-CS, Revision 0, dated May 15, 2013.
    (2) If a crack is detected during the inspection required by
paragraph (f)(1) of this AD, before further flight, replace the NLG
lower link assembly with an improved assembly. Follow, as
applicable, sections 1 through 8 (including subparagraphs) of
Costruzioni Aeronautiche Tecnam Job Card 442, Revision 1, dated
February 11, 2013; sections 1 through 7 (including subparagraphs) of
Costruzioni Aeronautiche Tecnam Job Card 468, dated October 12,
2012; or sections 1 through 6 (including subparagraphs) of
Costruzioni Aeronautiche Tecnam Job Card 528, Revision 1, dated
April 2, 2013, as specified in the Required Material section of
Costruzioni Aeronautiche Tecnam Service Bulletin No. SB 128-CS,
Revision 0, dated May 15, 2013; and as specified in the INSPECTION/
REPLACEMENT INSTRUCTIONS of Costruzioni Aeronautiche Tecnam Service
Bulletin No. SB 128-CS, Revision 0, dated May 15, 2013.

     Note 1 to paragraphs (f)(2) and (f)(3): Although Costruzioni
Aeronautiche Tecnam Job Card 442, Revision 1, dated February 11,
2013, is designated P2006T NLG upper link replacement, it still
pertains to the replacement of the lower link.

    (3) Unless already done as required by paragraph (f)(2) of this
AD, within the next 50 hours TIS after the effective date of this AD
or within the next 60 days after the effective date of this AD,
whichever occurs first, replace the NLG lower link assembly P/N 26-
8-1417-000 with an improved assembly. Follow, as applicable,
sections 1 through 8 (including subparagraphs) of Costruzioni
Aeronautiche Tecnam Job Card 442, Revision 1, dated February 11,
2013; sections 1 through 7 (including subparagraphs) of Costruzioni
Aeronautiche Tecnam Job Card 468, dated October 12, 2012; or
sections 1 through 6 (including subparagraphs) of Costruzioni
Aeronautiche Tecnam Job Card 528, Revision 1, dated April

2, 2013, as specified in the Required Material section of
Costruzioni Aeronautiche Tecnam Service Bulletin No. SB 128-CS,
Revision 0, dated May 15, 2013; and as specified in the INSPECTION/
REPLACEMENT INSTRUCTIONS of Costruzioni Aeronautiche Tecnam Service
Bulletin No. SB 128-CS, Revision 0, dated May 15, 2013.
    (4) After modification of an airplane as required by paragraph
(f)(2) or (f)(3) of this AD, as applicable, do not install an NLG
lower link assembly P/N 26-8-1417-000 or an NLG lower link part
(this is in the NLG -000 assembly) P/N 26-8-1417-1 on that airplane.
    (5) For an airplane with an NLG lower link assembly P/N 26-8-
8000-000 already installed, after the effective date of this AD, do
not install a NLG lower link assembly P/N 26-8-1417-000 or a NLG
lower link P/N 26-8-1417-1 on that airplane.

(h) Credit for Actions Done Following Previous Service Information

    This AD provides credit for the initial inspection required in
paragraph (f)(1) of this AD and any necessary replacement required
in paragraphs (f)(2) and (f)(3) of this AD if already done before
the effective date of this AD following Costruzioni Aeronautiche
Tecnam Service Bulletin No. SB 104-CS, Edition 2, Revision 1, dated
March 28, 2013.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Albert Mercado, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2013-0134, dated July 2, 2013 for more information. You may examine
the MCAI on the Internet at http://www.regulations.gov by searching
for and locating it in Docket No. FAA-2013-0888. For service
information related to this AD, contact Costruzioni Aeronautiche
Tecnam Airworthiness Office, Via Maiorise-81043 Capua (CE) Italy;
telephone: +39 0823 620134; fax: +39 0823 622899; email:
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>Internet:
www.tecnam.com/it-IT/documenti/service-bulletins.aspx. You may
review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on October 18, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-25137 Filed 10-24-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47172-47173]
[FR Doc No: 2021-17963]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92682; File No. SR-NSCC-2021-009]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Order Approving a Proposed Rule Change To Modify the Rules
& Procedures of National Securities Clearing Corporation in Connection
With the Implementation of Section 1446(f) of the Internal Revenue Code
of 1986

August 17, 2021.
    On July 14, 2021, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\
proposed rule change SR-NSCC-2021-009 to modify NSCC's Rules &
Procedures (``Rules'') \3\ in connection with the implementation of
Section 1446(f) of the Internal Revenue Code of 1986.\4\ The proposed
rule change was published for comment in the Federal Register on July
23, 2021,\5\ and the Commission received no comment letters regarding
the changes proposed in the proposed rule change. For the reasons
discussed below, the Commission is approving the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Capitalized terms not defined herein are defined in the
Rules, available at http://www.dtcc.com/~/media/Files/Downloads/
legal/rules/nscc_rules.pdf.
    \4\ 26 U.S.C. 1446(f).
    \5\ Securities Exchange Act Release No. 92437 (July 19, 2021),
86 FR 39092 (July 23, 2021) (``Notice of Filing'').
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I. Description of the Proposed Rule Change

A. Background

    Section 1446(f) generally imposes a ten percent withholding tax on
the payment of gross proceeds arising from the sale or other
disposition by a non-U.S. person of an interest in a publicly traded
partnership (``Section 1446(f) Withholding'') that is engaged in a U.S.
trade or business.\6\ A tax withholding obligation is imposed on the
buyer of the partnership interest, who is required to remit the
withheld tax amount to the U.S. Internal Revenue Service (``IRS''),
unless or to the extent an applicable exception applies. The buyer
obligated to withhold the ten percent tax is liable for any amount that
it underwithheld, plus associated interest and penalties. Further,
partnerships that are publicly traded on exchanges (``PTPs'') in
respect of transfers that occur on or after January 1, 2022 will be
subject to Section 1446(f) Withholding. The U.S. Treasury Department
(``Treasury Department'') and the IRS implemented a tax withholding
requirement pursuant to Treasury Regulation Section 1.1446(f)-4(a).\7\
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    \6\ 26 U.S.C. 1446(f)(1); Withholding of Tax and Information
Reporting With Respect to Interests in Partnerships Engaged in a
U.S. Trade or Business, 85 FR 76910 (Nov. 30, 2020) (``Final
Regulations'').
    \7\ Id.; 26 CFR 1.1446(f)-4(a).
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    Section 1.1446(f)-4(b) provides certain exceptions to 1.1446(f)-
4(a). Under one of the exceptions, U.S. clearing organizations, which,
under its definition, would include NSCC, are discharged from
fulfilling Section 1446(f) Withholding at this time. The Treasury
Department and the IRS provided this exception because they understood
that there are no nonqualified intermediary Members that participate
directly in the net settlement system at a U.S. clearing organization
at the present time.\8\
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    \8\ Final Regulations, supra note 6, at 76922.
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    NSCC represents that, all of NSCC's non-U.S. Members are currently
of the types of entities permitted to perform the Section 1446(f)
Withholding themselves either because (i) they are the types of
entities allowed to perform U.S. tax withholdings pursuant to
applicable Treasury Regulations, or (ii) they have entered into the
requisite agreements with the IRS that allow them to perform U.S. tax
withholdings (commonly known as the Qualified Intermediary
Agreements).\9\ NSCC further represents that nearly all such Members
have historically accepted the responsibility to perform all U.S. tax
withholdings in respect of their NSCC accounts, and it is NSCC's
understanding that they would continue do the same for Section 1446(f)
Withholding.\10\
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    \9\ Notice of Filing, supra note 5, at 39093.
    \10\ Id.
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B. Proposed Rule Changes

    NSCC proposes to amend its Rules to ensure that all NSCC's FFI
Members \11\ that are Members would accept the responsibility to
perform the Section 1446(f) Withholding.\12\
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    \11\ The term ``FFI Member'' means any Member or Limited Member
that is treated as a non-U.S. entity for U.S. federal income tax
purposes. See Rules, supra note 3.
    \12\ NSCC states that, based on the types of services that NSCC
provides to Limited Members, notwithstanding any exception, NSCC
would not need to perform Section 1446(f) Withholding with respect
to Limited Members' activities at NSCC. Notice of Filing, supra note
5, at 39093.
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    First, NSCC proposes to add new definitions: Section 1446(f),
Section 1446(f) Withholding, Section 1446(f)

Withholding Agent, Section 1446(f) Withholding Compliance Date, and Tax
Certification.\13\ Second, NSCC proposes to revise the FATCA compliance
rule to add that, generally, each FFI Member that is a Member must
agree not to conduct any transaction or activity through NSCC if such
FFI Member is not a Section 1446(f) Withholding Agent.\14\ Third, NSCC
proposes to require FFI Members to be Section 1446(f) Withholding
Agents and to notify NSCC when they have reason to know that they are
not, or will not be, Section 1446(f) Withholding Agents.\15\ Fourth,
NSCC proposes to require a Member who is a non-U.S. entity and is not a
Section 1446(f) Withholding Agent to not transact through NSCC, and a
Member who is a non-U.S. entity to provide Tax Certification to certify
that it is FATCA Compliant or a Section 1446(f) Withholding Agent.\16\
Fifth, NSCC proposes to make certain other technical changes to its
Rules.\17\
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    \13\ Notice of Filing, supra note 5, at 39093.
    \14\ The term ``Section 1446(f) Withholding Agent'' would mean
an FFI Member that is a Member and has certified to NSCC that
Section 1446(f) Withholding would not apply to any Gross Credit
Balance of such FFI Member by providing to NSCC a Tax Certification
(as defined below and in the proposed rule text). Id.
    \15\ Id.
    \16\ Notice of Filing, supra note 5, at 39094.
    \17\ Notice of Filing, supra note 5, at 39093-94.
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II. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \18\ 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. After carefully considering the proposed rule
change, the Commission finds that the proposed rule change is
consistent with the requirements of the Act. In particular, the
Commission finds that the proposed rule change is consistent with
Section 17A(b)(3)(F) of the Act.\19\
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    \18\ 15 U.S.C. 78s(b)(2)(C).
    \19\ 15 U.S.C. 78q-1(b)(3)(F).
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A. Consistency With Section 17A(b)(3)(F)

    Section 17A(b)(3)(F) of the Act requires, in part, that the rules
of a clearing agency, such as NSCC, be designed to promote the prompt
and accurate clearance and settlement of securities transactions.\20\
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    \20\ Id.
---------------------------------------------------------------------------

    As described above, Section 1446(f) provides NSCC an exception from
the obligation to perform Section 1446(f) Withholding at this time.
However, if a direct clearing member of a U.S. clearing organization is
not a type of entity permitted to perform Section 1446(f) Withholding,
the Treasury Department and the IRS will issue proposed guidance that
would remove the current exception to require Section 1446(f)
Withholding by U.S. clearing organizations, such as NSCC, on that
direct clearing member.\21\ If the Treasury Department and the IRS were
to revise Section 1446(f) and revoke NSCC's exception, NSCC would be
required to clear and settle each transfer of PTP interest on a gross
basis in order to perform Section 1446(f) Withholding on such transfer.
Given that NSCC currently clears and settles all transactions on a
netted basis, NSCC represents that any obligation imposed on NSCC to
clear and settle transfers of PTP interest on a gross basis may be
disruptive to the efficiency and liquidity of the trading of PTP
interests in the capital markets.\22\
---------------------------------------------------------------------------

    \21\ Final Regulations, supra note 6, at 76922.
    \22\ Notice of Filing, supra note 5, at 39094.
---------------------------------------------------------------------------

    NSCC is proposing that, unless waived by NSCC, beginning on the
Section 1446(f) Withholding Compliance Date, each FFI Member that is a
Member would be required to agree not to conduct any transaction or
activity through NSCC if such FFI Member is not a Section 1446(f)
Withholding Agent. In addition, each FFI Member that is a Member would
be required to provide periodic certifications to NSCC regarding its
Section 1446(f) Withholding Agent status. Taken together, these
membership requirements would help to ensure that all NSCC FFI Members
that are Members would accept their responsibility to perform the
Section 1446(f) Withholding and to be a Section 1446(f) Withholding
Agent.
    By ensuring that all NSCC FFI Members that are Members would accept
their responsibility to perform the Section 1446(f) Withholding, the
Commission believes the current exception for NSCC with respect to
Section 1446(f) would continue to operate as intended. Therefore, NSCC
would be able to continue to clear and settle all transactions
(including transfers of PTP interest) on a netted basis and avoid any
potential disruption to the efficiency and liquidity of the trading of
PTP interests in the capital market. By avoiding any potential
disruption to the efficiency and liquidity of the trading of PTP
interest in the capital market, the Commission believes that the
proposal would help to promote the prompt and accurate clearance and
settlement of transactions, consistent with Section 17A(b)(3)(F) of the
Act.\23\
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission believes the proposal to make technical changes to
the Rules is also consistent with Section 17A(b)(3)(F) of the Act. The
proposed technical changes to the Rules would help ensure that the
Rules remain accurate and clear to Members. Having accurate and clear
Rules would help Members to better understand their rights and
obligations regarding NSCC's clearance and settlement services. The
Commission believes that when Members better understand their rights
and obligations regarding NSCC's clearance and settlement services,
they can act in accordance with the Rules. The Commission believes that
better enabling Members to comply with the Rules would promote prompt
and accurate clearance and settlement of transactions, consistent with
Section 17A(b)(3)(F) of the Act.\24\
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    \24\ Id.
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III. 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 \25\ and
the rules and regulations promulgated thereunder.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\26\ that proposed rule change SR-NSCC-2021-009, be, and hereby is,
APPROVED.\27\
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    \26\ 15 U.S.C. 78s(b)(2).
    \27\ In approving the proposed rule change, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \28\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2021-17963 Filed 8-20-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37013-37015]
[FR Doc No: 2021-14974]

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

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2021-0582; Special Conditions No. FAA-2021-0582-F]

Special Conditions: Archeion Holdings, LLC, Boeing Model No. 777-
200/-200LR/-300/-300ER Series Airplanes; Electronic-System Security
Protection From Unauthorized External Access

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Boeing Model 777-
200/-200LR/-300/-300ER Series Airplanes. These airplanes, as modified
by Archeion Holdings, LLC (Archeion), will have a novel or unusual
design feature when compared to the state of technology envisioned in
the airworthiness standards for transport category airplanes. This
design feature is a digital systems architecture for the installation
of a system with wireless network and hosted application functionality
that allows access from external sources to the airplane's internal
electronic components. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: This action is effective on Archeion on July 14, 2021. Send
comments on or before August 30, 2021.

ADDRESSES: Send comments identified by Docket No. FAA-2021-0582 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in 14 CFR 11.35, the FAA will post all comments received
without change to http://www.regulations.gov/, including any personal
information you provide. The FAA will also post a report summarizing
each substantive verbal contact received about this proposal.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this Notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this Notice, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and the indicated comments
will not be placed in the public docket of this Notice. Submissions
containing CBI should be sent to Varun Khanna, Airplane and Flight Crew
Interface Section, AIR-622, Aircraft Information Systems, Technical
Innovation Policy Branch, Policy and Innovation Division, Aircraft
Certification Service, Federal Aviation Administration, 2200 South
216th Street, Des Moines, Washington 98198; telephone and fax 206-231-
3159; email<EMAIL_ADDRESS>Comments the FAA receives, which are
not specifically designated as CBI, will be placed in the public docket
for this rulemaking.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Varun Khanna, Airplane and Flight Crew
Interface Section, AIR-622, Aircraft Information Systems, Technical
Innovation Policy Branch, Policy and Innovation Division, Aircraft
Certification Service, Federal Aviation Administration, 2200 South
216th Street, Des Moines, Washington 98198;

telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to 14 CFR 11.38(b), that new
comments are unlikely and prior public notice and comment are
unnecessary.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.

Background

    On July 14, 2020, Archeion applied for a change to Type Certificate
No. T00001SE for the installation of an Avionica avWIFI system with
wireless network and hosted application functionality in Boeing Model
777-200/-200LR/-300/-300ER series airplanes. These airplanes, currently
approved under Type Certificate No. T00001SE, are twin-engine,
transport category airplanes, with a maximum takeoff weight between
535,000 lbs and 775,000 lbs pounds, and a maximum passenger capacity of
550 persons.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Archeion must show that the Boeing Model 777-200/-200LR/-
300/-300ER series airplanes, as changed, continue to meet the
applicable provisions of the regulations listed in Type Certificate No.
T00001SE or the applicable regulations in effect on the date of
application for the change, except for earlier amendments as agreed
upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 777-200/-200LR/-300/-
300ER series airplanes because of a novel or unusual design feature,
special conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 777-200/-200LR/-300/-300ER series
airplanes must comply with the fuel vent and exhaust emission
requirements of 14 CFR part 34 and the noise certification requirements
of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Feature

    The Boeing Model 777-200/-200LR/-300/-300ER series airplanes will
incorporate the following novel or unusual design feature:
    A digital systems architecture for the installation of a system
with wireless network and hosted application functionality that allows
access from external sources to the airplane's internal electronic
components.

Discussion

    The digital systems architecture for the installation of an
Avionica avWIFI system with wireless network and hosted application
functionality on these Boeing model 777 airplanes is a novel or unusual
design feature for transport-category airplanes because it is composed
of several connected networks. This proposed network architecture is
used for a diverse set of airplane functions, including:
     Flight-safety related control and navigation systems.
     airline business and administrative support.
     passenger entertainment, and
     access by systems external to the airplane.
    The airplane-control domain and airline information-services domain
of these networks perform functions required for the safe operation and
maintenance of the airplane. Previously, these domains had very limited
connectivity with external network sources. This network architecture
creates a potential for unauthorized persons to access the airplane-
control domain and airline information-services domain from sources
external to the airplane, and presents security vulnerabilities related
to the introduction of computer viruses and worms, user errors, and
intentional sabotage of airplane electronic assets (networks, systems,
and databases) critical to the safety and maintenance of the airplane.
    The existing FAA regulations did not anticipate these networked
airplane system architectures. Furthermore, these regulations and the
current guidance material do not address potential security
vulnerabilities, which could be exploited by unauthorized access to
airplane networks, data buses, and servers. Therefore, these special
conditions ensure that the security (i.e., confidentiality, integrity,
and availability) of airplane systems will not be compromised by
unauthorized wired or wireless electronic connections. This includes
ensuring that the security of the airplane's systems is not compromised
during maintenance of the airplane's electronic systems. These special
conditions also require the applicant to provide appropriate
instructions to the operator to maintain all electronic-system
safeguards that have been implemented as part of the original network
design so that this feature does not allow or reintroduce security
threats.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 777-200/-200LR/-300/-300ER series airplanes. Should
Archeion apply at a later date for a supplemental type certificate to
modify any other model included on Type Certificate No. T00001SE to
incorporate the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design features
on one model series of airplanes. It is not a rule of general
applicability and affects only the applicant.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701, 44702,
44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special

conditions are issued as part of the type certification basis for
Boeing Model 777-200/-200LR/-300/-300ER series airplanes, as modified
by Archeion Holdings, LLC, for airplane electronic-system security
protection from unauthorized external access.
    (a) The applicant must ensure airplane electronic-system security
protection from access by unauthorized sources external to the
airplane, including those possibly caused by maintenance activity.
    (b) The applicant must ensure that electronic-system security
threats are identified and assessed, and that effective electronic-
system security protection strategies are implemented to protect the
airplane from all adverse impacts on safety, functionality, and
continued airworthiness.
    (c) The applicant must establish appropriate procedures to allow
the operator to ensure that continued airworthiness of the airplane is
maintained, including all post-type-certification modifications that
may have an impact on the approved electronic-system security
safeguards.

    Issued in Des Moines, Washington, on July 7, 2021.
Mary A. Schooley,
Acting Manager, Technical Innovation Policy Branch, Policy and
Innovation Division, Aircraft Certification Service.
[FR Doc. 2021-14974 Filed 7-13-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68426]
[DOCID:fr10no05-87]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-72-000]

Northern Border Pipeline Company; Notice of Proposed Changes in
FERC Gas Tariff

November 4, 2005.
    Take notice that on November 1, 2005, Northern Border Pipeline
Company (Northern Border) tendered for filing as part of its First
Revised Volume No. 1 of its FERC Gas Tariff, revised tariff sheets set
forth in Appendix A, to the filing (Primary Tariff Sheets) to
effectuate changes in the rates and terms applicable to Northern
Border's jurisdictional services. Northern Border states that the
effect of the proposed rates is an overall increase in revenues of
approximately 7.8% above the Base Period revenues.
    Northern Border states that the changes reflected in the Primary
Tariff Sheets to be effective December 1, 2005, are required to
effectuate the rate increase and to make certain changes to Northern
Border's tariff.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6232 Filed 11-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85719-85721]
[FR Doc No: 2023-27008]

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

Federal Aviation Administration

[Docket No. FAA-2023-1739]

Policy on the Definition of Aeronautical Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed policy: request for comments; extension of comment
period.

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

SUMMARY: On November 15, 2023, the Federal Aviation Administration
(FAA) published a Request for comments seeking input on its proposed
policy update of the FAA's Office of Airports policy regarding the
definition of ``aeronautical activity'' to include unmanned aircraft
systems (UAS), advanced air mobility (AAM), and commercial space launch
or re-entry vehicle operations. Under Federal law, an airport operator
that has accepted

Federal grants or certain Federal land conveyances is obligated to
maintain the airport for public aviation use. This proposed update will
add UAS, AAM, and commercial space operations to the existing
definition of aeronautical activity that is included in FAA Order
5190.6B, FAA Airport Compliance Manual, Appendix Z, and subsequent
revisions. The comment period for the request for comments was
scheduled to end on December 15, 2023. FAA received several requests to
extend the comment period. The FAA is extending the comment period for
the request for comments by 30 days.

DATES: The comment period to the request for comments published on
November 15, 2023, 88 FR 78448, is extended from December 15, 2023, to
January 15, 2024.

ADDRESSES: You may send comments identified by Docket Number FAA-2023-
1739 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building, Ground Floor, Washington, DC 20590-0001.
     Hand Delivery: Deliver to mail address above between 9:00
a.m. and 5 p.m. EST, Monday through Friday, except Federal holidays;
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    For more information, see the SUPPLEMENTARY INFORMATION section of
this document.
    Privacy: In accordance with 5 U.S.C., 553(c), the Department of
Transportation (DOT) solicits comments from the public on its proposed
Policy on the Definition of Aeronautical Activities. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL- 14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Docket: To read background documents or comments received, go to
http://www.regulations.gov and follow the online instructions for
accessing the docket. Or, go to the Docket Management Facility in Room
W12-140 of the West Building, Ground Floor at 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kevin C. Willis, Director, Office of
Compliance and Management Analysis, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267-
3085; facsimile:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Under Federal law, Airport owners/operators (``sponsors'') that
have accepted grants under the Airport Improvement Program (AIP) must
comply with certain Federal policies included in each AIP grant
agreement as sponsor assurances. In addition, sponsors who have
acquired land from the Federal government using certain conveyance
instruments must abide by similar obligations included in property
deeds. The Airport and Airway Improvement Act of 1982 (AAIA) (Pub. L.
97-248), as amended and recodified at 49 U.S.C. 47107(a)(1), as
implemented by Sponsor Assurance 22, Economic Nondiscrimination,
requires that ``the airport will be made available for public use on
reasonable conditions and without unjust discrimination to all types,
kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public at the
airport.'' The FAA defines aeronautical activities as any activity that
involves, makes possible, is required for the operation of an aircraft/
vehicle, or that contributes to or is required for the safety of such
operations (FAA Order 5190.6B, Airport Compliance Manual, Appendix Z,
(2009)). The order lists examples of aeronautical activities.
    The FAA's definition has evolved over time, primarily in response
to emerging technologies and increased interest in locating certain
activities at public use airports not previously contemplated or
subject to FAA oversight. This updated definition serves to accommodate
commercial space transportation, UAS, and AAM activities, as well as
supports Congressional interest in integrating new technology into the
array of services and capabilities offered by federally funded
airports. As a result, the FAA believes that commercial space
activities, UAS, and AAM operations should be considered aeronautical
activities for the purposes of access to a federally-obligated airport.
    However, some types of commercial space, UAS, or AAM operations may
affect the safety of existing airport facilities, airport operations,
or the efficiency of the airspace. Consistent with and in support of
the airport sponsor's obligation not to introduce or permit unsafe
conditions at the airport, and to mitigate such conditions if they
arise, the FAA uses its planning approval, safety review, and/or risk
assessment processes to make a determination on (1) whether a
particular activity can be safely accommodated at the airport and, if
so, (2) the terms and conditions to mitigate risk to an acceptable
level for that activity at the airport. In that regard, Congress has
made the FAA the final arbiter regarding aviation safety (49 U.S.C.
40101 and 47101.)

II. The Proposed Policy

    The updated definition of aeronautical activity in FAA Order
5190.6B, FAA Airport Compliance Manual, Appendix Z will be the
following:
    Any activity that involves, makes possible, or is required for the
operation of an aircraft, launch or reentry vehicle, or that
contributes to or is required for the safety of such operations. It
includes but is not limited to: general and corporate aviation, air
taxi and charter operations, scheduled and nonscheduled air carrier
operations, pilot training, aircraft rental and sightseeing, aerial
photography, aerial application of agricultural agents, aerial
advertising and surveying, aircraft sales and services, aircraft
storage, sale of aviation fuel products, repair and maintenance of
aircraft, repair and maintenance of launch or reentry vehicles,
construction of amateur-built/recreational aircraft, sale of aircraft,
sale of launch or reentry vehicle parts, parachute or ultralight
activities, certain unmanned aircraft systems (UAS), advanced air
mobility (AAM) operations, commercial space vehicle operations, and any
other activities that because of their direct relationship to the
operation of aircraft, UAS, or commercial space launch and re-entry
vehicles can appropriately be regarded as aeronautical activities.
    Activities such as aircraft and parts manufacturing and storage,
aerospace design, research and development, flight simulation/training/
management facilities, and/or engine testing facilities that are not
associated with the final assembly of an aircraft or commercial space
vehicle are not considered aeronautical activities for the purposes of
airport access. Model rocket, model aircraft, and recreational UAS

operations are not aeronautical activities for the purposes of airport
access.

Kevin C. Willis,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2023-27008 Filed 12-7-23; 8:45 am]
BILLING CODE P


[Federal Register: January 12, 2007 (Volume 72, Number 8)]
[Notices]
[Page 1567-1568]
[DOCID:fr12ja07-115]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

Federal Register Citation of Previous Announcement: [To be Published].

Status: Closed Meeting.

Place: 100 F Street, NE., Washington, DC

Announcement of Additional Meeting: Additional Meeting (Week of January
8, 2007).
    A Closed Meeting has been scheduled for Thursday, January 11, 2007
at 10 a.m.
    Commissioners and certain staff members who have an interest in the
matter will attend the Closed Meeting.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(5), (7), (9)(B) and (10) and 17 CFR 200.402(a)(5),
(7), (9)(ii) and (10) permit consideration of the scheduled matter at
the Closed Meeting.
    Commissioner Campos as duty officer, voted to consider the item
listed for the closed meeting in closed session, and determined that no
earlier notice thereof was possible.
    The subject matter of the Closed Meeting scheduled for Thursday,
January 11, 2007 will be: Institution and settlement of injunctive
action.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: January 9, 2007.
Nancy M. Morris,
Secretary.
[FR Doc. 07-113 Filed 1-9-07; 4:03 pm]

BILLING CODE 8011-01-P


[Federal Register: April 27, 2010 (Volume 75, Number 80)]
[Proposed Rules]
[Page 22043-22044]
[DOCID:fr27ap10-17]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0449; Directorate Identifier 2009-SW-38-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. (Agusta) Model A109E
Helicopters

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose adopting a new airworthiness directive (AD) for the
Agusta Model A109E helicopters. This proposed AD results from a
mandatory continuing airworthiness information (MCAI) AD issued by the
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community. The MCAI AD states
that after a report of an electrical failure, an investigation revealed
inadequate functioning of the 35 amperes (Amps) battery bus (BATT BUS)
circuit breaker that was not within design requirements. These actions
are intended to replace the 35 Amps with a 50 Amps circuit breaker and
replace the wires with oversized ones to prevent an electrical failure,
loss of electrical power, and subsequent loss of control of the
helicopter.

DATES: We must receive comments on this proposed AD by May 27, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed AD
from Agusta, Via Giovanni Agusta, 520 21017 Cascina Costa di Samarate
(VA), Italy, telephone 39 0331-229111, fax 39 0331-229605/222595, or at
http://customersupport.agusta.com/technical_advice.php.
    Examining the 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 proposed AD, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
stated in the ADDRESSES section of this AD. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Mark Wiley,
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, Regulations
and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 76137,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written data, views, or arguments about
this proposed AD. Send your comments to an address listed in the
ADDRESSES section of this proposal. Include ``Docket No. FAA-2010-0449;
Directorate Identifier 2009-SW-38-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Community, has issued EASA AD 2009-0137, dated June 23, 2009,
to correct an unsafe condition for the Agusta Model A109E helicopters.
    Following a report of an electrical failure, Agusta investigated
the electrical power generation system and identified inadequate
functioning of the 35 Amps BATT BUS circuit breaker. To prevent an
electrical failure, the manufacturer has developed a BATT BUS circuit
breaker modification kit for replacing the 35 Amps circuit breaker with
a 50 Amps circuit breaker and replacing the wires with oversized ones.
You may obtain further information by examining the MCAI AD and any
related service information in the AD docket.

Related Service Information

    Agusta has issued Bollettino Tecnico No. 109EP-98, dated June 22,
2009, that specifies modifying the BATT BUS circuit breaker
installation. The service information specifies modifying the fuselage
electrical installation, part number (P/N) 109-0741-49, and the
overhead panel electrical installation, P/N 109-0741-55, with a BATT
BUS circuit breaker modification kit, P/N 109-0824-73-101. The actions
described in the MCAI AD are intended to correct the same unsafe
condition as that identified in the service information.

FAA's Evaluation and Unsafe Condition Determination

    This model helicopter has been approved by the aviation authority
of Italy and is approved for operation in the United States. Pursuant
to our bilateral agreement with Italy, EASA, their Technical Agent, has
notified us of the unsafe condition described in the MCAI AD. We are
proposing this AD

because we evaluated the information provided by EASA and determined
the unsafe condition exists and is likely to exist or develop on other
helicopters of the same type design.

Differences Between This AD and the MCAI AD

    We refer to flight hours as hours time-in-service. Also, we do not
refer to a calendar compliance date of December 31, 2009, because the
effective date of this AD would be later than that date.

Costs of Compliance

    We estimate that this AD would affect about 73 helicopters of U.S.
registry. We also estimate that it would take about 5 work-hours per
helicopter to modify the BATT BUS circuit breaker installation. The
average labor rate is $85 per work-hour. Required parts will cost about
$700 for the BATT BUS circuit breaker kit. Based on these figures, we
estimate the cost of this AD on U.S. operators would be $82,125,
assuming the entire fleet is modified.

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 product(s) identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    Therefore, I certify this proposed 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 an economic evaluation of the estimated costs to comply
with this proposed 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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

AGUSTA S.p.A.: Docket No. FAA-2010-0449; Directorate Identifier
2009-SW-38-AD.

Comments Due Date

    (a) We must receive your comments by May 27, 2010.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Agusta Model A109E helicopters, all
serial numbers up to and including serial number (S/N) 11758 (except
S/N 11741, 11754, and 11757) modified with a circuit breaker
modification kit, part number (P/N) 109-0812-04-101, -103, -107, or
-109; certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD
states after a report of an electrical failure, an investigation
revealed inadequate functioning of the 35 amperes (Amps) battery bus
(BATT BUS) circuit breaker.

Actions and Compliance

    (e) Within 50 hours time-in-service, unless already done, modify
the fuselage electrical installation, P/N 109-0741-49, and the
overhead panel electrical installation, P/N 109-0741-55 with a BATT
BUS circuit breaker modification kit, P/N 109-0824-73-101, as
depicted in Figures 1 and 2 and by following the Compliance
Instructions, paragraphs 2 through 20.7, of Agusta Bollettino
Tecnico No. 109EP-98, dated June 22, 2009.

Differences Between This AD and the MCAI AD

    (f) We refer to flight hours as hours time-in-service. Also, we
do not refer to a calendar compliance date of December 31, 2009,
because the effective date of this AD would be later than that date.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, ATTN: DOT/FAA Southwest Region, Mark Wiley,
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate,
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas
76137, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, has the
authority to approve AMOCs for this AD, if requested, using the
procedures found in 14 CFR 39.19.

Related Information

    (h) EASA MCAI AD No. 2009-0137, dated June 23, 2009, contains
related information.

Joint Aircraft System/Component (JASC) Code

    (i) The JASC Code is 2460: Electrical Power Systems.

    Issued in Fort Worth, Texas, on April 7, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-9696 Filed 4-26-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 23, 2008 (Volume 73, Number 247)]
[Proposed Rules]
[Page 78672-78673]
[DOCID:fr23de08-23]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1326; Directorate Identifier 2008-NM-141-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747 Airplanes; and Boeing
Model 757-200, -200PF, and -300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Boeing Model 747 series airplanes and certain Boeing Model 757-
200, -200PF, and -300 series airplanes. This proposed AD would require
replacing the control switches of the forward, aft, and nose cargo
doors of Model 747 airplanes; and would require replacing the control
switches of cargo doors 1 and 2 of Model 757 airplanes. This proposed
AD results from reports of problems associated with the uncommanded
operation of cargo doors. We are proposing this AD to prevent injuries
to persons and damage to the airplane and equipment.

DATES: We must receive comments on this proposed AD by February 6,
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207;
fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet https://
www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER> or<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 Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Patrick Gillespie, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1326;
Directorate Identifier 2008-NM-141-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received several reports of problems associated with the
uncommanded operation of the forward, aft, and nose cargo doors of
Boeing Model 747 airplanes that had accumulated between 9,390 and
22,529 total flight cycles; and cargo doors 1 and 2 of Boeing Model 757
airplanes that had accumulated between 4,300 and 30,000 total flight
cycles. Tests of the cargo door control switches have shown that the
control switches remained in the closed position after they were
released, which caused the cargo doors to continue moving. The cause of
the switch failure is related to the rated switch operation life cycle.
This condition, if not corrected, could result in injuries to persons
and damage to the airplane and equipment.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 747-52-
2286, dated September 28, 2007 (for Model 747 airplanes). This service
bulletin describes procedures for replacing the control switches of the
forward, aft, and nose cargo doors with new control switches.
    We have also reviewed Boeing Special Attention Service Bulletin
757-52-0090, dated September 21, 2007 (for Model 757 airplanes). This
service bulletin describes procedures for replacing the control
switches of cargo doors 1 and 2 with new control switches.
    Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition

described previously is likely to exist or develop in other products of
these same type designs. This proposed AD would require accomplishing
the actions specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 765 airplanes of
U.S. registry. We also estimate that it would take about 2 to 3 work-
hours per product to comply with this proposed AD. The average labor
rate is $80 per work-hour. Required parts would cost about $130 to $195
per airplane. Based on these figures, we estimate the cost of this
proposed AD to U.S. operators up to $332,775 fleet cost, or between
$290 and $435 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

Boeing: Docket No. FAA-2008-1326; Directorate Identifier 2008-NM-
141-AD.

Comments Due Date

    (a) We must receive comments by February 6, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B
SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-
400F, 747SR, and 747SP series airplanes, certificated in any
category, as identified in Boeing Special Attention Service Bulletin
747-52-2286, dated September 28, 2007; and Boeing Model 757-200, -
200PF, and -300 series airplanes, certificated in any category, as
identified in Boeing Special Attention Service Bulletin 757-52-0090,
dated September 21, 2007.

Unsafe Condition

    (d) This AD results from reports of problems associated with the
uncommanded operation of cargo doors. We are issuing this AD to
prevent injuries to persons and damage to the airplane and
equipment.

Compliance

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

Replacement

    (f) Within 24 months after the effective date of this AD,
replace the control switches as specified in paragraph (f)(1) or
(f)(2) of this AD, as applicable. Repeat the replacements thereafter
at intervals not to exceed 6 years.
    (1) For Model 747 airplanes: Replace the control switches of the
forward, aft, and nose cargo doors in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 747-52-2286, dated September 28, 2007.
    (2) For Model 757 airplanes: Replace the control switches of
cargo doors 1 and 2 in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 757-52-
0090, dated September 21, 2007.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Patrick Gillespie, Aerospace Engineer, Cabin Safety and
Environmental Systems Branch, ANM-150S, FAA, Seattle ACO, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6429; fax<PHONE_NUMBER>; has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

    Issued in Renton, Washington, on December 12, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-30481 Filed 12-22-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Notices]
[Pages 6653-6654]
[FR Doc No: 2020-02230]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-197, OMB Control No. 3235-0200]

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 15c3-1.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 15c3-1 (17 CFR 240.15c3-
1), under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
The Commission plans to submit this existing collection of information
to the Office of Management and Budget (``OMB'') for extension and
approval.
    Rule 15c3-1 requires brokers-dealers to have at all times
sufficient liquid assets to meet their current liabilities,
particularly the claims of customers. The rule facilitates the
monitoring of the financial condition of broker-dealers by the
Commission and the various self-regulatory organizations. It is
estimated that broker-dealer respondents registered with the Commission
and subject to the collection of information requirements of Rule 15c3-
1 incur an aggregate annual time burden of approximately 76,981 hours
to comply

with this rule and an aggregate annual external cost of approximately
$299,000.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed 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.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or send an email
to<EMAIL_ADDRESS>
    Dated: January 31, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-02230 Filed 2-4-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Notices]
[Page 36140]
[FR Doc No: 2011-15310]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1984-DR; Docket ID FEMA-2011-0001]

South Dakota; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of South Dakota (FEMA-1984-DR), dated May 13,
2011, and related determinations.

DATES: Effective Date: May 13, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 13, 2011, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of South Dakota resulting from flooding beginning on March 11, 2011,
and continuing, is of sufficient severity and magnitude to warrant a
major disaster declaration under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''). Therefore, I declare that such a major disaster
exists in the State of South Dakota.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Mark A Neveau, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of South Dakota have been
designated as adversely affected by this major disaster:

    Aurora, Beadle, Brookings, Brown, Buffalo, Clark, Codington,
Day, Edmunds, Faulk, Grant, Hamlin, Hand, Hughes, Hyde, Jackson,
Jerauld, Kingsbury, Lake, Marshall, Miner, Moody, Perkins, Potter,
Roberts, Sanborn, Spink, and Sully Counties for Public Assistance.

All counties within the State of South Dakota are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

    June 14, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-15310 Filed 6-20-11; 8:45 am]
BILLING CODE 9111-23-P


1 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R06 OAR 2005 TX 0014; FRL  ]

Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to Control Volatile Organic Compound ( VOC) Emissions; VOC Control for Facilities in the Dallas/ Fort Worth ( DFW) Ozone Nonattainment Area AGENCY: Environmental Protection Agency ( EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve Texas State Implementation Plan ( SIP) revisions.

The revisions pertain to regulations to control VOC emissions from VOC transfer operations and solvent using processes. The revisions allow use of gasoline vapor recovery systems approved by Texas, and add new requirements to control VOC emissions from motor vehicle fuel dispensing facilities and surface coating facilities in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties.

These counties are part of the DFW 8 hour ozone standard nonattainment area. The revisions also amend regulations on use of cleaning solvents. We are proposing to approve the revisions pursuant to sections 110, 116 and part D of the Federal Clean Air Act ( CAA). The control of VOC emissions will help to attain and maintain the 8 hour national ambient air quality standard ( NAAQS) for ozone in Texas. Approval will make the revised regulations Federally enforceable. 2 DATES: Written comments should be received on or before [ Insert date 30 days from date of publication in the Federal Register].

ADDRESSES: Comments may be mailed to Mr. Thomas Diggs, Chief, Air Planning Section ( 6PD L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 1200, Dallas,

Texas 75202 2733. Comments may also be submitted electronically or through hand delivery/ courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section ( 6PD L),

Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202

2733, telephone 214 665 6645; fax number 214 665 7263; e mail address young. carl@ epa. gov.

SUPPLEMENTARY INFORMATION: In the final rules section of this Federal Register,

EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no relevant adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, 3 paragraph, or section of the rule, and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

For additional information, see the direct final rule which is located in the rules section of this Federal Register.

Dated: January 6, 2006 Lawrence E. Starfield,

Acting Regional Administrator, Region 6.


[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59110-59111]
[FR Doc No: 2022-21165]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0018; OMB No. 1660-0024]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Federal Assistance for Offsite Radiological
Emergency Preparedness and Planning

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30-Day notice of revision and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995 (PRA). In accordance with the PRA,
this notice seeks comments concerning all information collections
related to FEMA's Radiological Emergency Preparedness Program
requirements.

DATES: Comments must be submitted on or before October 31, 2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address [email protected] or
Renae Connell, Emergency Management Specialist, FEMA/NPD/THD, at (202)
212-7913 or [email protected].

SUPPLEMENTARY INFORMATION: FEMA's Radiological Emergency Preparedness
(REP) Program coordinates the National effort to provide State, Tribal
and local governments with relevant and executable planning, training,
technical assistance, exercise guidance, and policies necessary to
ensure that adequate capabilities exist to prepare for, respond to, and
recover from incidents involving commercial nuclear power plants
(NPPs). The REP Program assists State, Tribal and local governments in
the development and conduct of off-site emergency planning and
preparedness activities within the emergency planning zones (EPZs) of
Nuclear Regulatory Commission (NRC)-licensed commercial nuclear power
facilities.
    Sec. 109 of the NRC Authorization Act of 1980 (Pub. L. 96-295)
directed the NRC to establish emergency preparedness as a criterion for
licensing commercial NPPs. Specifically, Public Law 96-295 Sec.  109
directed the NRC to establish through rulemaking, (a) standards,
developed with FEMA, for the evaluation of State and local government
radiological emergency planning and preparedness; and (b) a requirement
that the NRC will issue operating licenses. Before issuing a license,
the NRC must determine that there is (i) a State or local emergency
response plan compliant with the standards developed with FEMA or (ii)
in the absence of such a plan, a State, local, or utility emergency
response plan that provides reasonable assurance that public health and
safety is not endangered by the NPP's operation. See Public Law 96-295,
109 (b)(1)(A)-(B)). The NRC revised its regulations in Part 50 of Title
10 of the CFR to incorporate additional emergency preparedness
requirements, including 16 planning standards for onsite and offsite
emergency plans as required by Public Law 96-295. FEMA mirrors these 16
planning standards in part 350, specifically at 44 CFR 350.5.
    In the communities surrounding commercial NPP, 44 CFR 350.5(b)
directs FEMA's REP Program to review offsite radiological emergency
plans and preparedness. In addition, 44 CFR 350.9 describes the
exercise process and requirements that States, together with all
appropriate local governments, must conduct a joint exercise of that
State plan, involving full participation of appropriate local
government entities, the State and the appropriate licensee of the NRC.
Approved plans and preparedness ``must be determined to adequately
protect the public health and safety by providing reasonable assurance
that appropriate protective measures can be taken offsite in the event
of a radiological emergency.''
    FEMA defines reasonable assurance as a determination that State,
Tribal, local, and utility offsite plans and preparedness are adequate
to protect public health and safety in the EPZ of commercial NPP. FEMA
will consider plans, procedures, personnel, training, facilities,
equipment, drills, and exercises, which in its professional judgment
are critical for effective implementation of protective measures
offsite in the event of any incident at a commercial NPP. FEMA will
make its adequacy determination, supported by other Federal agencies,
as necessary, by conducting inspections, providing Staff Assistance
Visits (SAVs), organizing, conducting and reviewing training,
participating in, observing and evaluating drills and exercises, and by
being an engaged partner with Federal, State, Tribal, and local
government officials and industry stakeholders.
    State, Tribal, or local government participation in offsite
radiological emergency planning and preparedness is voluntary. However,
participation in the REP planning and preparedness process necessitates
adherence to the program requirements as set forth in 44 CFR part 350,
the joint NRC/FEMA document NUREG-0654/FEMA-REP-1, Rev. 2, ``Criteria
for Preparation and Evaluation of Radiological Emergency Response Plans
and Preparedness in Support of Nuclear Power Plants'' and supplements,
(See 84 FR 70399, December 23, 2019), and the REP Program Manual (RPM).
The RPM consolidates many of the REP Program's

operative guidance and policy documents into one location and provides
guidance that interprets the planning standards and evaluation criteria
contained in NUREG-0654 and 44 CFR part 350. See FEMA P-1028, December
2019.
    As part of our collection to fulfill one of FEMA's missions, each
instrument is required for the performance of duties related to the
mission. Therefore, due to the maturity of the program and the
opportunity to reduce burden cost, there is an opportunity to
consolidate, improve, or remove collection instruments. Consequently,
the collection instrument in 44 CFR 350.9(c) was added to collect
information and relieve requests from the exercise schedule outlined in
44 CFR 350.9. Additionally, to further reduce burden cost, the
collection in 44 CFR 352.4 has been removed as it currently does not
require approval under the Paperwork Reduction Act, with FEMA only
receiving one or no responses in a given year.
    This proposed information collection previously published in the
Federal Register on June 7, 2022, at 87 FR 34699 with a 60 day public
comment period. No comments were received. The purpose of this notice
is to notify the public that FEMA will submit the information
collection abstracted below to the Office of Management and Budget for
review and clearance.

Collection of Information

    Title: Federal Assistance for Offsite Radiological Emergency
Preparedness and Planning.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0024.
    FEMA Forms: There are no forms for this collection; rather the
regulatory text details the content in which information is transmitted
to FEMA.
    Abstract: The intent of this request is the collection of comments
on an extension, with change, of a currently approved information
collection an OMB control number representing all information
collections related to FEMA REP Program requirements described in 44
CFR parts 350 and 352.
    Affected Public: State, Local or Tribal Government.
    Estimated Number of Respondents: 104.
    Estimated Number of Responses: 104.
    Estimated Total Annual Burden Hours: 3,400.
    Estimated Total Annual Respondent Cost: $223,176.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $652,598.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2022-21165 Filed 9-28-22; 8:45 am]
BILLING CODE 9110-21-P