[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66947-66949]
[FR Doc No: 2015-27650]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76259; File No. SR-NASDAQ-2015-117]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Options Testing Facility

October 26, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on October 16, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend its Options Pricing at Chapter XV to
adopt a new Section 13, entitled ``Testing Facilities'' which describes
fees in connection with the use of the Testing Facility (``NTF'') test
environment located in Carteret, New Jersey.
    While the changes proposed herein are effective upon filing, the
Exchange has designated that the amendments be operative on October 26,
2015.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Nasdaq proposes to amend its Options Pricing at Chapter XV to adopt
a new Section 13, entitled ``Testing Facilities'' to establish fees to
subscribe for testing. Currently, Options Participants may test in a
virtual trading environment for purposes of testing in Ashburn,
Virginia (``Ashburn''), at no cost. The NTF provides subscribers a
virtual System environment for testing upcoming Nasdaq releases and
product enhancements, as well as testing firm software prior to
implementation. The test environment closely approximates the
production environment to enable subscribers to test their automated
systems that integrate with the Exchange.
    The Exchange is moving the options test environment from the
Ashburn location to Carteret, NJ (``Carteret''), which is also the
location of Nasdaq's primary trading System. While Options Participants
will be able to continue to utilize the Ashburn facility at no cost
until that facility is no longer in use, Options Participants will be
able to subscribe to the Carteret test facility for future testing.\3\
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    \3\ The Exchange anticipates that it will sunset the Ashburn
trading testing functionality on January 29, 2016.
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    The relatively large distance between the Ashburn Testing Facility
and the majority of Nasdaq firms results in expensive connectivity
costs for customers that connect via telecommunication providers. As a
consequence, a large majority of member firms do not connect to Ashburn
for NTF connectivity. In an effort to improve the utility of the NTF,
Nasdaq is developing a test environment located in Carteret that will
provide the same functionality as the testing functionality of Ashburn,
yet more closely approximate the live trading environment due to its
proximity to the System and upgraded hardware. In particular, the
Carteret test environment will take advantage of technology upgrades
Nasdaq is making to its trading-related systems. Unlike the Ashburn
test environment, the Carteret test environment will provide dedicated
connectivity to the facility via a cross-connection to either a member
firm's direct connection router in Carteret or its co-location cabinet.
    Nasdaq notes that, because the Carteret facility also houses the
System, subscribers to the Carteret test environment will no longer
need to pay for third party connectivity to Ashburn,\4\ provided the
sole purpose for connecting to Ashburn is for testing and not also for
co-location or disaster recovery. Such member firms may use an existing
connection to Carteret to access the NTF through the use of a dedicated
switch port and cross connect within the facility. Similar to the
equities test facility,\5\ the Exchange will assess a fee for the
connection to this virtual trading environment for testing.
Specifically, Nasdaq proposes a $1,000 per hand-off, per month fee for
connection to the Testing Facility. The hand-off fee includes either a
1Gb or 10Gb switch port and a cross connect to the Testing Facility.
Subscribers shall also pay a one-time installation fee of $1,000 per
hand-off.
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    \4\ Today, member firms pay fees to third party connectivity
providers to provide connection from the member firm to Ashburn.
    \5\ See Nasdaq Rule 7030, concerning equities pricing.
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    The connectivity provided under this rule also provides
connectivity to the other test environments of NASDAQ OMX PHLX LLC and
NASDAQ OMX BX, Inc. Additionally, the connectivity may be utilized for
either equities or options testing. If for example a Phlx [sic] member
has already paid the $1,000 per hand-off, per month for connection to
the Testing Facility in Carteret, there would be no need to pay this
fee for options testing.
    Notwithstanding the foregoing, Nasdaq will also continue to offer
certain limited testing capabilities free of charge at Carteret.
Options Participants that connect to Cartert's [sic] NTF through a
virtual private network (``VPN'') through the internet for site-to-site
limited order routing

capability only will not be assessed a fee.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and with Sections 6(b)(4) and 6(b)(5)
of the Act,\7\ in particular. Nasdaq believes the proposal is
consistent with Section 6(b)(4) of the Act \8\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which the Exchange operates or controls.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
    \8\ 15 U.S.C. 78f(b)(4).
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    The proposed fees are equitably allocated because all Options
Participants desiring to connect to the Carteret test environment will
be assessed a uniform fee for those services. The Exchange believes
that offering subscribers the option to subscribe to either 1Gb or 10Gb
for the same fee is an equitable allocation because, unlike the live
trading environment, there is no competitive advantage to possessing a
higher capacity switch port in the test environment. The test
environment is designed to closely mirror the live trading environment
for Options Participants, including matching the capacity of each
Options Participant's live environment switch port. In the absence of
any competitive advantage, charging a uniform fee for both 1Gb and 10Gb
switch ports is an equitable allocation of fees. Nasdaq believes that
charging a uniform fee will encourage member firms to subscribe to
Carteret, and further encourage those that subscribe to use the same
hardware as is used by them for connectivity to the live trading
environment.
    The proposed fees are reasonable because they are designed to cover
the costs incurred by the Exchange to develop the test facility and the
costs incurred by the Exchange to continue to offer the test
environment. The proposed fee should allow the Exchange to recoup these
costs and also make a profit, while providing Options Participants with
a superior test environment that more closely mirrors that of the live
trading environment on the Exchange. Nasdaq believes that offering both
1Gb and 10Gb connectivity for the same fee is reasonable as the
increased incremental cost it incurs by offering the 10Gb switch port
at the lower fee is outweighed by the benefit all subscribers will
receive if Options Participants use hardware identical to what they use
in the live trading environment, hence furthering the goal of creating
a test environment that closely mirrors the live trading environment.
    Further, the connectivity provided under this rule also provides
connectivity to the other test environments of NASDAQ OMX PHLX LLC and
NASDAQ OMX BX, Inc. This connectivity may be utilized for either
equities or options testing. If for example a Nasdaq member has already
paid the $1,000 per hand-off, per month for connection to the Testing
Facility in Carteret, there would be no need to pay this fee for
options testing.
    The Exchange also believes the proposal furthers the objectives of
Section 6(b)(5) of the Act \9\ in that it is designed to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general to protect investors and the public interest and is not
designed to permit unfair discrimination between customer, issuers,
brokers and dealers. Nasdaq does not believe that the proposed fees are
unfairly discriminatory to subscribers to 10Gb live trading environment
connectivity because, unlike the live trading environment where the
capacity of connectivity to Nasdaq may confer a competitive advantage
to a market participant and therefore price differentiation is
appropriate for the benefit conferred, there is no such benefit
conferred in the trade test environment. Nasdaq does not believe that
the proposed fees are unfairly discriminatory among subscribers to the
Carteret test facility because all Options Participants that subscribe
to the service will be assessed the same fees. Because the proposed
fees do not discriminate between 1Gb and 10Gb connectivity options,
Options Participants are able to subscribe to Carteret without regard
to the cost of their switch port capacity election. Nasdaq believes
that by not discriminating on this basis it will encourage participants
to connect to the Carteret test environment in the same manner as they
do to the live trading environment, and thereby help Carteret more
closely mirror the live test environment, as discussed above. Providing
a more useful and accurate test environment will serve to improve live
trading on Nasdaq and the national market system by permitting Options
Participants the ability to accurately test changes prior to
implementing them in the live trading environment, thereby reducing the
likelihood of a potentially disruptive system failure in the live
trading environment, which has the potential to affect all market
participants.
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    \9\ 15 U.S.C. 78f(b)(5).
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    Finally, the Exchange will continue to offer Options Participants
certain limited testing capabilities free of charge at Carteret through
VPN. While this feature offers limited capability in terms of
functionality, the Exchange continues to offer a free of charge
alternative to Options Participants desiring to utilize the NTF.

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

    Nasdaq does not believe that the proposed rule change will result
in any intra-market or inter-market burdens on competition that are not
necessary or appropriate in furtherance of the purposes of the Act, as
amended. The proposed fees for access to the Carteret test environment
more closely approximate the live trading environment, subscribing
member firms will be able to more accurately test their trading systems
and avoid potentially disruptive system failures in the live trading
environment. Despite the fee that will now be assessed to Options
Participants for testing, the Exchange believes that Options
Participants utilizing this service will benefit from the move to
Carteret because the test environment is designed to closely mirror the
live trading environment for Options Participants, including matching
the capacity of each Options Participant's live environment switch
port. Subscribing to the test facility is optional.
    Also, the connectivity provided under this rule also provides
connectivity to the other test environments of NASDAQ OMX PHLX LLC and
NASDAQ OMX BX, Inc. Members that are already connected for equities
testing would not incur an additional charge. This connectivity may be
utilized for either equities or options testing. Finally, subscribing
to the test facility is optional.
    Additionally, the Exchange does not believe that the move to
Carteret and imposition of connectivity fees to the NTF creates an
undue burden on competition because the Exchange will continue to offer
Options Participants certain limited testing capabilities free of
charge at Carteret through VPN.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\10\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-117 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2015-117. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2015-117, and should
be submitted on or before November 20, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-27650 Filed 10-29-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Proposed Rules]
[Pages 34653-34656]
[FR Doc No: 2021-13931]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0504; Project Identifier AD-2020-01380-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-03-26, which applies to certain The Boeing Company Model 737-600,
-700, -700C, -800, -900, and -900ER series airplanes. AD 2019-03-26
requires modifying the passenger service units (PSUs) and life vest
panels by replacing the existing inboard lanyard and installing two new
lanyards on the outboard edge of the PSUs and life vest panels;
measuring the distance between the hooks of the torsion spring of the
lanyard assembly; replacing discrepant lanyard assemblies; and re-
identifying serviceable lanyard assemblies. Since the FAA issued AD
2019-03-26, it has been determined that certain airplanes are listed in
the wrong configuration and certain PSUs have not been correctly re-
identified. This proposed AD would retain the requirements of AD 2019-
03-26, and, for certain airplanes, would require an inspection to
determine if the re-identified PSU part number is correct, and further
re-identification if necessary. The FAA is proposing this AD to address
the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 16,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0504.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0504; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Tony Koung, Aerospace Engineer, Cabin
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0504; Project Identifier
AD-2020-01380-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

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 NPRM 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 NPRM, 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 they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Tony
Koung, Aerospace Engineer, Cabin Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA
98198; phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2019-03-26, Amendment 39-19578 (84 FR 7266, March
4, 2019) (AD 2019-03-26), for certain The Boeing Company Model 737-600,
-700, -700C, -800, -900, and -900ER series airplanes. AD 2019-03-26 was
prompted by reports of PSUs becoming detached from the supporting
airplane structure in several Model 737 series airplanes. AD 2019-03-26
requires modifying the PSUs and life vest panels by replacing the
existing inboard lanyard and installing two new lanyards on the
outboard edge of the PSUs and life vest panels; measuring the distance
between the hooks of the torsion spring of the lanyard assembly;
replacing discrepant lanyard assemblies; and re-identifying serviceable
lanyard assemblies. The agency issued AD 2019-03-26 to address PSUs and
life vest panels detaching from the supporting airplane structure,
which could lead to passenger injuries and impede passenger and crew
egress during evacuation.

Actions Since AD 2019-03-26 Was Issued

    Since the FAA issued AD 2019-03-26, Boeing found that, in the
service information required by AD 2019-03-26, some airplanes were not
assigned to the correct group and configuration. In addition, Boeing
determined that the service information had missing or incorrect re-
identification part numbers for those PSUs that were modified using
Boeing Service Bulletin 737-35-1107. The FAA determined that the new
requirements in this proposed AD would take a minimal amount of time to
accomplish. Therefore, the proposed compliance time would remain the
same as the time required by AD 2019-03-26 (within 60 months after
April 8, 2019 (the effective date of AD 2019-03-26)).

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 737-25-
1707, Revision 2, dated July 27, 2020. This service information
specifies procedures for modifying the PSUs and life vest panels by:
Replacing the existing inboard lanyard and installing two new lanyards
on the outboard edge of the PSUs and life vest panels (secondary
retention features); measuring the distance between the hooks of the
torsion spring of the lanyard assembly; replacing any discrepant
lanyard assemblies; and re-identifying serviceable lanyard assemblies.
For some airplanes, the service information specifies procedures for
inspecting PSUs for correct re-identification part numbers and, if
necessary, re-identifying the PSU. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Proposed AD Requirements in This NPRM

    Although this proposed AD does not explicitly restate the
requirements of AD 2019-03-26, this proposed AD would retain all of the
requirements of AD 2019-03-26. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraph (g) of this proposed AD. This proposed AD would
add additional actions for certain airplanes. This proposed AD would
also require accomplishment of the actions identified as ``RC''
(required for compliance) in the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737-25-1707, Revision 2, dated July
27, 2020, described previously, except as discussed under

``Differences Between the Proposed AD and the Service Information.''
    For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0504.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Special Attention Service Bulletin 737-
25-1707, Revision 2, dated July 27, 2020, is limited to Model 737-600,
-700, -700C, -800, -900, and -900ER series airplanes, having certain
line numbers, without a Boeing Sky Interior (BSI). However, the
applicability of this proposed AD includes all Boeing Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes without a BSI.
Because the affected lanyard assemblies are rotable parts, the FAA has
determined that these affected parts could later be installed on
airplanes that were initially delivered with acceptable lanyard
assemblies, thereby subjecting those airplanes to the unsafe condition.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 2,045 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Measurement and modification     Up to 70 work-hour x    Up to $13,000....  Up to $18,950....  Up to
 (retained actions from AD 2019-  $85 per hour = Up to                                          $38,752,750.
 03-26).                          $5,950.
Inspection of re-identified      1 work-hour x $85 per   $0...............  $85..............  $173,825.
 parts (per PSU) (new proposed    hour = $85.
 actions).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements or re-identifications that would be required based on the
results of the proposed inspection. The FAA has no way of determining
the number of aircraft that might need these replacements or re-
identifications:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                Parts cost             Cost per  product
----------------------------------------------------------------------------------------------------------------
Replacement or re-identification     Up to 2 work-hour x     Up to $196...............  Up to $366.
 (per PSU or life vest panel).        $85 per hour = Up to
                                      $170.
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2019-03-26, Amendment 39-19578
(84 FR 7266, March 4, 2019), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2021-0504; Project Identifier AD-
2020-01380-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by August 16, 2021.

(b) Affected ADs

    This AD replaces AD 2019-03-26, Amendment 39-19578 (84 FR 7266,
March 4, 2019) (AD 2019-03-26).

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in

any category, without a Boeing Sky Interior (BSI).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports of passenger service units
(PSUs) becoming detached from the supporting airplane structure in
several Model 737 series airplanes during survivable accidents. The
FAA is issuing this AD to address PSUs and life vest panels
detaching from the supporting airplane structure, which could lead
to passenger injuries and impede passenger and crew egress during
evacuation.

(f) Compliance

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

(g) Required Actions

    Within 60 months after April 8, 2019 (the effective date of AD
2019-03-26), do all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-25-1707, Revision 2, dated July 27, 2020.

(h) Parts Installation Prohibition

    As of the applicable time specified in paragraph (h)(1) or
(h)(2) of this AD, no person may install on any airplane a PSU or
life vest panel, unless the lanyard assembly has been modified
(secondary retention features added) or re-identified, as
applicable, as required by paragraph (g) of this AD.
    (1) For airplanes that have PSUs or life vest panels without the
secondary retention features installed: After modification or re-
identification, as applicable, of the airplane as required by
paragraph (g) of this AD.
    (2) For airplanes that have PSUs or life vest panels with the
secondary retention features installed: As of the effective date of
this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in Related Information. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2019-03-26 are approved as AMOCs for
the corresponding provisions of Boeing Special Attention Service
Bulletin 737-25-1707, Revision 2, dated July 27, 2020, that are
required by paragraph (g) of this AD.

(j) Related Information

    (1) For more information about this AD, contact Tony Koung,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on June 14, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-13931 Filed 6-29-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 6, 2007 (Volume 72, Number 214)]
[Notices]
[Page 62698-62699]
[DOCID:fr06no07-116]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor

Education and Advocacy, Washington, DC 20549-0213.

Extension:
    Rule 237, SEC File No. 270-465, OMB Control No. 3235-0528.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    In Canada, as in the United States, individuals can invest a
portion of their earnings in tax-deferred retirement savings accounts
(``Canadian retirement accounts''). In cases where these individuals
move to the United States, these participants (``Canadian/U.S.
Participants'' or ``participants'') may not be able to manage their
Canadian retirement account investments. Most securities and most
investment companies (``funds'') that are ``qualified investments'' for
Canadian retirement accounts are not registered under the U.S.
securities laws. Those securities, therefore, generally cannot be
publicly offered and sold in the United States without violating the
registration requirements of the Securities Act of 1933 (``Securities
Act'').\1\ As a result of these registration requirements of the U.S.
securities laws, Canadian/U.S. Participants, in the past, had not been
able to purchase or exchange securities for their Canadian retirement
accounts as needed to meet their changing investment goals or income
needs.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 77.
---------------------------------------------------------------------------

    In 2000, the Commission issued a rule that enabled Canadian/U.S.
Participants to manage the assets in their Canadian retirement accounts
by providing relief from the U.S. registration requirements for offers
of securities of foreign issuers to Canadian/U.S. Participants and
sales to their accounts.\2\ Rule 237 under the Securities Act \3\
permits securities of foreign issuers, including securities of foreign
funds, to be offered to Canadian/U.S. Participants and sold to their
Canadian retirement accounts without being registered under the
Securities Act.
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    \2\ See Offer and Sale of Securities to Canadian Tax-Deferred
Retirement Savings Account, Release Nos. 33-7860, 34-42905, IC-24491
(June 7, 2000) [65 FR 37672 (June 15, 2000)].
    \3\ 17 CFR 230.237.
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    Rule 237 requires written offering materials for securities that
are offered and sold in reliance on the rule to disclose prominently
that those securities are not registered with the Commission and may
not be offered or sold in the United States unless they are registered
or exempt from registration under the U.S. securities laws. Rule 237
does not require any documents to be filed with the Commission. The
burden under the rule associated with adding this disclosure to written
offering documents is minimal and is non-recurring. The foreign issuer,
underwriter or broker-dealer can redraft an existing prospectus or
other written offering material to add this disclosure statement, or
may draft a sticker or supplement containing this disclosure to be
added to existing offering materials. In either case, based on
discussions with representatives of the Canadian fund industry, the
staff estimates that it would take an average of 10 minutes per
document to draft the requisite disclosure statement.
    The Commission understands that there are approximately 3,500
Canadian issuers other than funds that may rely on rule 237 to make an
initial public offering of their securities to Canadian/U.S.
Participants. The staff estimates that in any given year approximately
35 (or 1 percent) of those issuers are likely to rely on rule 237 to
make a public offering of their securities to participants, and that
each of those 35 issuers, on average, distributes 3 different written
offering documents concerning those securities, for a total of 105
offering documents.
    The staff therefore estimates that during each year that rule 237
is in effect, approximately 35 respondents \4\ would be required to
make 105 responses by adding the new disclosure statements to
approximately 105 written offering documents. Thus, the staff estimates
that the total annual burden associated with the rule 237 disclosure
requirement would be approximately 17.5 hours (105 offering documents x
10 minutes per document). The total annual cost of burden hours is
estimated to be $5,110.00 (17.5 hours x $292 \5\ per hour of attorney
time).
---------------------------------------------------------------------------

    \4\ This estimate of respondents also assumes that all
respondents are foreign issuers. The number of respondents may be
greater if foreign underwriters or broker-dealers draft a sticker or
supplement to add the required disclosure to an existing offering
document.
    \5\ The Commission's estimate concerning the wage rate for
attorney time is based on salary information for the securities
industry compiled by the Securities Industry Association. $292 per
hour figure for an attorney is from the SIA Report on Management &
Professional Earnings in the Securities Industry 2006, modified to
account for an 1800-hour work-year and multiplied by 5.35 to account
for bonuses, firm size, employee benefits and overhead.
---------------------------------------------------------------------------

    In addition, issuers from foreign countries other than Canada could
rely on rule 237 to offer securities to Canadian/U.S. Participants and
sell securities to their accounts without becoming subject to the
registration requirements of the Securities Act. Because Canadian law
strictly limits the amount of foreign investments that may be held in a
Canadian retirement account, however, the staff believes that the
number of issuers from other countries that relies on rule 237, and
that therefore is required to comply with the offering document
disclosure requirements, is negligible.
    These burden hour estimates are based upon the Commission staff's
experience and discussions with the fund industry. The estimates of
average burden hours are made solely for the purposes of the Paperwork
Reduction Act. These estimates are not derived from a comprehensive or
even a representative survey or study of the costs of Commission rules.
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burdens of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, C/O
Shirley Martinson, 6432 General Green Way, Alexandria, VA, 22312; or
send an e-mail to<EMAIL_ADDRESS>
    Dated: October 31, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-21737 Filed 11-5-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50447-50448]
[FR Doc No: 2019-20787]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2019-0027; FRL-9995-19-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Information Collection Request for the
Greenhouse Gas Reporting Program (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Greenhouse Gas Reporting Program
(EPA ICR No. 2300.18, OMB Control No. 2060-0629) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through September 30, 2019. Public comments
were previously requested via the Federal Register on February 26, 2019
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. An agency
may not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before October 25,
2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2019-0027, to (1) EPA online using www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW,
Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential

Business Information (CBI) or other information whose disclosure is
restricted by statute.

FOR FURTHER INFORMATION CONTACT: Rachel Schmeltz, Climate Change
Division, Office of Atmospheric Programs (MC-6207A), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: In response to the FY2008 Consolidated Appropriations Act
(H.R. 2764; Pub. L. 110-161) and under authority of the Clean Air Act,
the EPA finalized the Mandatory Reporting of Greenhouse Gases Rule (GHG
Reporting Rule) (74 FR 56260; October 30, 2009). The GHG Reporting
Rule, which became effective on December 29, 2009, establishes
reporting requirements for certain large facilities and suppliers. It
does not require control of greenhouse gases. Instead, it requires that
sources emitting above certain threshold levels of carbon dioxide
equivalent (CO2e) monitor and report emissions.
    Subsequent rules have promulgated requirements for additional
facilities and suppliers; provided clarification and corrections to
existing requirements; finalized confidentiality business information
(CBI) determinations, amended recordkeeping requirements, and
implemented an alternative verification approach. Collectively, the GHG
Reporting Rule and its associated rulemakings are referred to as the
Greenhouse Gas Reporting Program (GHGRP).
    The purpose for this ICR is to renew and revise the GHG Reporting
Rule ICR to update the burden and cost imposed by the current ICR under
the GHGRP.
    Form Numbers: None.
    Respondents/affected entities: The respondents in this information
collection include owners and operators of facilities that must report
their GHG emissions and other data to EPA to comply with the
rulemaking. To facilitate the analysis, EPA has divided respondents
into groups that align with the source categories identified in the
rule.
    Reporting facilities include, but are not limited to, those
operating one or more units that exceed the CO2e threshold
for the industry sectors listed in Table A-4 of 40 CFR 98.2(a)(2) or
those in the categories in which all must report, such as petroleum
refining facilities and all other large emitters listed in Table A-3 of
40 CFR 98.2(a)(1). Additionally, the GHGRP requires reporting of GHGs
from certain suppliers as listed in Table A-5 of 40 CFR 98.2(a)(4).
    Respondent's obligation to respond: Mandatory (Section 114 of the
Clean Air Act provides EPA authority to require the information
mandated by the Greenhouse Gas Reporting Program because such data will
inform and are relevant to future policy decisions).
    Estimated number of respondents: 13,180 (total).
    Frequency of response: Annual.
    Total estimated burden: 740,012 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $87,945,711 (per year), includes $29,526,397
annualized capital or operation & maintenance costs for respondents,
labor cost of $58,419,314 for respondents.
    Changes in the Estimates: There is an increase of 825 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This increase reflects an adjustment in the number of
respondents from the previous ICR, an adjustment of capital costs to
reflect 2017 dollars and changes to the tax law, a new methodology to
determine the numbers of responses and responses per respondent, and a
complete and comprehensive re-evaluation of the activities and costs
associated with all subparts of the GHGRP. Finally, there is a large
decrease in annual cost burden (represented by combined Capital and O&M
costs) as compared with the ICR currently approved by OMB due to a data
entry error. The amount entered for the previous ICR should have been
$30,621,791 instead of $58,815,798.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-20787 Filed 9-24-19; 8:45 am]
 BILLING CODE 6560-50-P