[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Rules and Regulations]
[Pages 60159-60162]
[FR Doc No: 2021-23842]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0946; Project Identifier MCAI-2021-01020-E;
Amendment 39-21793; AD 2021-22-20]
RIN 2120-AA64

Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Austro Engine GmbH E4 and E4P model diesel piston engines. This
AD was prompted by reports of failure of the high-pressure pump (HPP)
driving gear and a subsequent determination that a batch of HPP driving
gears may have been damaged during assembly. This AD requires, for
engines with an affected cylinder head, inspection of the HPP driving
gear and, depending on the results of the inspection, replacement of
the HPP driving gear with a part eligible for installation. This AD
also requires, for engines with an affected HPP driving gear,
replacement of the HPP driving gear either before further flight or
within a certain number of flight hours after the effective date of
this AD. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective November 16, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 16,
2021.
    The FAA must receive comments on this AD by December 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 final rule, contact
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700 Weiner Neustadt,
Austria; phone: +43 2622 23000; website: www.austroengine.at. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 1200 District Avenue, Burlington,
MA 01803. 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-
0946.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0946; 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 final rule, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for the Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Wego Wang, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
(781) 238-7134; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, issued
EASA AD 2021-0203R1, dated September 24, 2021 (referred to after this
as ``the MCAI''), for Austro Engine GmbH E4 and E4P model diesel piston
engines, to address the unsafe condition on these products. The MCAI
states:

    Occurrences were reported of HPP driving gear failure.
Subsequent investigation determined that a certain batch of HPP
driving gears was produced with a worn out assembly tool P/N
AE300T012-1. Those HPP driving gears may have been damaged during
assembly. Concurrently, it was determined that, for engines equipped
with a certain cylinder head, a stack up of tolerances exists
between the cylinder head, cylinder head cover, camshaft gear and
HPP gear. Both scenarios could result in premature HPP gear failure.
    This condition, if not corrected, could lead to engine in-flight
shut-down with consequent forced landing, possibly resulting in
damage to the aeroplane and injury to occupants. To address this
potential unsafe condition, Austro Engine published the inspection
SB, as defined in this [EASA] AD, to provide instructions for HPP
gear inspection on engines equipped with an affected cylinder head,
as defined in this [EASA] AD. Austro Engine also published the
replacement SB, as defined in this [EASA] AD, to provide
instructions for replacement of affected HPP gears, as defined in
this [EASA] AD. For the reason described above, EASA issued
Emergency AD 2021-0203-E to require inspection and/or replacement of
HPP gears.

    You may obtain further information by examining the MCAI in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0946.

FAA's Determination

    This product has been approved by EASA and is approved for
operation in the United States. Pursuant to our bilateral agreement
with the European Community, EASA has notified the FAA of the unsafe
condition described in the MCAI. The FAA is issuing this AD because the
agency evaluated all the relevant information provided by EASA and has
determined that the unsafe condition described previously is likely to
exist or develop in other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine Mandatory Service Bulletin No. MSB-
E4-035/1, Revision No. 1, dated September 30, 2021 (MSB-E4-035/1); and
Austro Engine Mandatory Service Bulletin No. MSB-E4-034/3, Revision No.
3, dated September 30, 2021 (MSB-E4-034/3).
    Austro Engine MSB-E4-035/1 specifies procedures for inspecting HPP
driving gears installed on E4 and E4P

model diesel piston engines equipped with an affected cylinder head.
    Austro Engine MSB-E4-034/3 identifies the applicable part number
and serial numbers of affected HPP driving gears installed on Austro
Engine GmbH E4 and E4P model diesel piston engines.
    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 ADDRESSES.

AD Requirements

    This AD requires, for engines with an affected cylinder head,
inspection of the HPP driving gear and, depending on the results of the
inspection, replacement of the HPP driving gear with a part eligible
for installation. This AD also requires, for engines with an affected
HPP driving gear, replacement of the HPP driving gear within a certain
number of flight hours, depending on the airplane on which the affected
engine is installed.

Differences Between This AD and the MCAI

    The MCAI requires replacement of the HPP driving gear using the
Accomplishment/Instructions, paragraph 2.1., of Austro Engine MSB-E4-
034/3 while this AD does not require use of MSB-E4-034/3 to replace the
HPP driving gear.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule.
The FAA received a report of occurrences of failure of the HPP driving
gear. The manufacturer subsequently determined that a certain batch of
HPP driving gears was produced with a worn out assembly tool, and may
have been damaged during assembly. The manufacturer also determined
that, for engines equipped with a certain cylinder head, a stack up of
tolerances exists between the cylinder head, cylinder head cover,
camshaft gear and high pressure pump driving gear. Both conditions
could result in failure of the HPP driving gear. Austro Engine
subsequently issued service information providing instructions for
inspection and replacement of certain HPP driving gears installed on E4
and E4P model diesel piston engines.
    Failure of the HPP driving gear can result in in-flight engine
shut-down, forced landing, and damage to the airplane. The FAA
considers failure of the HPP driving gear to be an urgent safety issue
that requires immediate action to avoid damage to the airplane. For
engines with an affected cylinder head, if the HPP driving gear does
not pass the inspection required by this AD, this AD requires
replacement of the HPP driving gear before further flight. In addition,
for engines with an affected HPP driving gear and with a certain number
of hours accumulated on the HPP driving gear, this AD also requires
replacement of the HPP driving gear before further flight. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0946 and Project Identifier
MCAI-2021-01020-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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
this final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Wego
Wang, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 418 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect HPP driving gear...........  .5 work-hours x $85 per                  $0          $42.50         $17,765
                                      hour = $42.50.
Replace HPP driving gear (for        2 work-hours x $85 per hour             145             315         131,670
 engines with an affected HPP         = $170.
 driving gear).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace HPP driving gear (for engines with an   2 work-hours x $85 per hour =               $145            $315
 affected cylinder head).                        $170.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this 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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2021-22-20 Austro Engine GmbH Engines: Amendment 39-21793; Docket
No. FAA-2021-0946; Project Identifier MCAI-2021-01020-E.

(a) Effective Date

    This airworthiness directive (AD) is effective November 16,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Austro Engine GmbH E4 and E4P model diesel
piston engines equipped with either:
    (1) A cylinder head having part number (P/N) E4A-12-500-000
(affected cylinder head), or
    (2) A high-pressure pump (HPP) driving gear, having P/N E4A-30-
000-201, with a serial number (S/N) listed in Chapter 1.4, Table 1
of Austro Engine Mandatory Service Bulletin No. MSB-E4-034/3,
Revision No. 3, dated September 30, 2021 (MSB-E4-034/3) (affected
HPP driving gear).

(d) Subject

    Joint Aircraft System Component (JASC) Code 8520, Reciprocating
Engine Power Section.

(e) Unsafe Condition

    This AD was prompted by reports of failure of the HPP driving
gear and a subsequent investigation by the manufacturer, which
determined that a certain batch of HPP driving gears may have been
damaged during assembly. The investigation also determined that
affected engines equipped with an affected cylinder head were also
subject to premature failure of the HPP driving gear. The FAA is
issuing this AD to prevent the failure of the HPP driving gear. The
unsafe condition, if not addressed, could result in in-flight engine
shut-down, forced landing, and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For engines with an affected cylinder head, before further
flight after the effective date of this AD, perform all actions in
the Accomplishment/Instructions, paragraph 2.1., of Austro Engine
Mandatory Service Bulletin No. MSB-E4-035/1, Revision No. 1, dated
September 30, 2021 (MSB-E4-035/1).
    (2) If, during the performance of the actions required by
paragraph (g)(1) of this AD, the HPP driving gear does not pass the
inspection, as specified in paragraph 2.1. of Austro Engine MSB-E4-
035/1, before further flight, replace the HPP driving gear with a
part eligible for installation.
    (3) For engines equipped with an affected HPP driving gear,
within the compliance time specified in Table 1 to paragraph (g)(3)
of this AD, as applicable, replace each affected HPP driving gear
with a part eligible for installation.

[GRAPHIC] [TIFF OMITTED] TR01NO21.001

(h) Definitions

    (1) For the purpose of this AD, a part eligible for installation
is an HPP driving gear that is not an affected HPP driving gear.
    (2) For the purpose of this AD, engines in Engine Group 1 are
Model E4 engines in configuration ``-A'' installed on single engine
airplanes.
    (3) For the purpose of this AD, engines in Engine Group 2 are
Model E4 engines in configuration ``-B'' or ``-C'' and Model E4P
engines installed on twin-engine airplanes.

(i) Special Flight Permit

    A special flight permit may be issued in accordance with 14 CFR
21.197 and 21.199 to permit a single ferry flight to a location
where the actions required by this AD can be accomplished on a twin-
engine airplane that has one or two Model E4 engines in
configuration ``-B'' or ``-C'', or Model E4P engines, installed.

(j) Non-Required Actions

    The requirements to fill out and send the execution report to
Austro Engine, as well as the requirement to contact Austro Engine
and provide pictures of the driving gear, as set forth in the
Accomplishment/Instructions, paragraph 2.1., of MSB-E4-035/1, are
not required by this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ECO Branch, send it to the attention of the person identified in
paragraph (l)(1) of this AD. You may email your request to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    (1) For more information about this AD, contact Wego Wang,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2021-0203R1, dated September 24, 2021, for more information. You may
examine the EASA AD in the AD docket at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0946.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Austro Engine Mandatory Service Bulletin (MSB) No. MSB-E4-
035/1, Revision No. 1, dated September 30, 2021.
    (ii) Austro Engine MSB No. MSB-E4-034/3, Revision No. 3, dated
September 30, 2021.
    (3) For Austro Engine service information identified in this AD,
you may contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, 2700
Weiner Neustadt, Austria; phone: +43 2622 23000; website:
www.austroengine.at.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23842 Filed 10-28-21; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Page 27469]
[FR Doc No: 2020-10049]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Wednesday, May 13, 2020.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    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)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topic:

    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: May 6, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-10049 Filed 5-6-20; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Pages 69258-69259]
[FR Doc No: 2015-28549]

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

SECURITIES AND EXCHANGE COMMISSION

In the Matter of Friendly Energy Exploration, Public Media Works,
Inc., VRDT Corp., and Zoro Mining Corp., File No. 500-1; Order of
Suspension of Trading

November 5, 2015.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Friendly Energy Exploration (CIK No. 1120434), a revoked Nevada
corporation with its principal place of business listed as Carson City,
Nevada, with stock quoted on OTC Link (previously, ``Pink Sheets'')
operated by OTC Markets Group, Inc. (``OTC Link'') under the ticker
symbol FEGR, because it has not filed any periodic reports since the
period ended December 31, 2012. On December 16, 2014, the Division of
Corporation Finance sent Friendly Energy Exploration a delinquency
letter requesting compliance with their periodic filing obligations,
but the letter was returned because of Friendly Energy Exploration's
failure to maintain a valid address on file with the Commission, as
required by Commission rules (Rule 301 of Regulation S-T, 17 CFR
232.301 and Section 5.4 of EDGAR Filer Manual).
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Public Media Works, Inc. (CIK No. 1108730), a void Delaware corporation
with its principal place of business listed as Los Angeles, California,
with stock quoted on OTC Link under the ticker symbol PUBQQ, because it
has not filed any periodic reports since the period ended November 30,
2012. On November 12, 2014, Public Media Works received a delinquency
letter sent by the Division of Corporation Finance requesting
compliance with their periodic filing obligations.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
VRDT Corp. (CIK No. 1399480), a void Delaware corporation with its
principal place of business listed as Rancho Cucamonga, California,
with stock quoted on OTC Link under the ticker symbol VRDT, because it
has not filed any periodic reports since the period ended December 31,
2012. On November 10, 2014, VRDT received a delinquency letter sent by
the Division of Corporation Finance requesting compliance with their
periodic filing obligations.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Zoro Mining Corp. (CIK No. 1329484), a revoked Nevada corporation with
its principal place of business listed as Tucson, Arizona, with stock
quoted on OTC Link under the ticker symbol ZORM, because it has not
filed any periodic reports since the period ended January 31, 2013. On
November 7, 2014, the Division of Corporate Finance sent Zoro Mining a
delinquency letter requesting compliance with their periodic filing
obligations, but the letter was returned because of Zoro Mining's
failure to maintain a valid address on file with the Commission, as
required by Commission rules (Rule 301 of Regulation S-T, 17 CFR
232.301 and Section 5.4 of EDGAR Filer Manual).
    The Commission is of the opinion that the public interest and the
protection of

investors require a suspension of trading in the securities of the
above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EST
on November 5, 2015, through 11:59 p.m. EST on November 18, 2015.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-28549 Filed 11-5-15; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Page 41112]
[FR Doc No: 2015-17174]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75396; File No. SR-ICC-2015-006]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Withdrawal of Proposed Rule Change to Provide for the Clearance of an
Additional Standard Emerging Market Sovereign Single Name

July 8, 2015.
    On March 27, 2015, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change SR-ICC-2015-006 pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ to
amend Subchapter 26D of its rules to provide for the clearance of an
additional Standard Emerging Market Sovereign CDS contract, namely
Ukraine. Notice of the proposed rule change was published for comment
in the Federal Register on April 15, 2015.\3\ On May 22, 2015, ICC
extended the time period for the Commission to approve, disapprove, or
institute proceedings to determine whether to disapprove the proposed
rule change to July 14, 2015. The Commission received no comment
letters regarding the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-74688 (Apr. 9, 2015),
80 FR 20280 (Apr. 15, 2015) (SR-ICC-2015-006).
---------------------------------------------------------------------------

    On July 1, 2015, ICC withdrew the proposed rule change (File No.
SR-ICC-2015-006).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
Brent J. Fields,
Secretary.
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2015-17174 Filed 7-13-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46862-46864]
[FR Doc No: 2018-19750]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0384; Product Identifier 2017-SW-061-AD; Amendment
39-19401; AD 2018-19-01]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for Airbus
Helicopters Model AS-365N2, AS 365 N3, EC 155B, EC155B1, SA-365N1, and
SA-366G1 helicopters. This AD requires repetitive inspections of the
aft fuselage outer skin. This AD was prompted by several reports of aft
fuselage outer skin disbonding. The actions of this AD are intended to
address an unsafe condition on these products.

DATES: This AD is effective October 22, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of October 22,
2018.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at http://www.helicopters.airbus.com/website/en/ref/Technical-
Support_73.html. You may review the referenced service information at
the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0384.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0384; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the European Aviation Safety Agency (EASA) AD, any
incorporated-by-reference service information, the economic evaluation,
any comments received, and other information. The street address for
Docket Operations (phone:<PHONE_NUMBER>) is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On May 9, 2018, at 83 FR 21194, the Federal Register published our
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR
part 39 by adding an AD that would apply to Airbus Helicopters Model
AS-365N2, AS 365 N3, EC 155B, EC155B1, SA-365N1, and SA-366G1
helicopters.
    The NPRM proposed to require a repetitive tap inspection of the aft
fuselage outer skin for disbonding. Depending on the inspection
results, the NPRM proposed to require reducing the compliance time
interval of the tap inspections or repairing or replacing the panel to
terminate the shorter compliance time interval. The NPRM also proposed
to require a repetitive cleaning of the aft fuselage outer skin to
visually inspect for distortion, wrinkling, and corrosion. Depending on
the visual inspection results, the NPRM proposed to require an
additional tap inspection of the area. The proposed

requirements were intended to detect disbonding of the aft fuselage
outer skin, which could result in loss of aft fuselage structural
integrity and subsequent loss of control of the helicopter.
    The NPRM was prompted by AD No. 2017-0165, dated September 5, 2017
(EASA AD 2017-0165), issued by EASA, which is the Technical Agent for
the Member States of the European Union, to correct an unsafe condition
for the Airbus Helicopters Model SA 365 N1, AS 365 N2, AS 365 N3, SA
366 G1, EC 155 B and EC 155 B1 helicopters. EASA advises of several
reports of aft fuselage (baggage compartment area) outer skin
disbonding found during a 600-hour inspection. EASA advises that most
of the reports of disbonding occurred on Model EC 155 helicopters and
may occur in the same area on Model AS 365, SA 365, and SA 366
helicopters due to design similarity. According to EASA, the cause of
the disbonding has not yet been determined and the investigation is
continuing. Airbus Helicopters states possible causes that are being
considered include exhaust gas heat from the exhaust pipes and
environmental conditions. EASA states that this condition, if not
detected and corrected, could reduce the structural integrity of the
aft fuselage, possibly affecting safe flight and landing.
    To address this unsafe condition, EASA AD 2017-0165 requires a
repetitive tap inspection of the aft fuselage outer skin for
disbonding, a repetitive visual inspection of the aft fuselage outer
skin for distortion, wrinkling, and corrosion, and contacting Airbus
Helicopters if there is any disbonding.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs and that air safety and the public interest require
adopting the AD requirements as proposed.

Interim Action

    We consider this AD to be an interim action. If final action is
later identified, we might consider further rulemaking then.

Differences Between This AD and the EASA AD

    If there is disbonding within the allowable limit, the EASA AD
specifies reporting the inspection results to Airbus Helicopters,
whereas this AD does not. If there is disbonding that exceeds the
allowable limit, the EASA AD specifies contacting Airbus Helicopters
for approved skin panel repair or replacement instructions, whereas
this AD requires repairing or replacing the panel instead.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin (ASB) No.
AS365-05.00.77 for Model AS365 N, N1, N2, and N3 and non-FAA-
certificated Model AS365 F, Fs, Fi, K, and K2 helicopters; ASB No.
SA366-05.48 for Model SA366 G1 and non-FAA-certificated Model SA366 GA
helicopters; and ASB No. EC155-05A033 for Model EC155 B and B1
helicopters, all Revision 0 and all dated July 21, 2017. This service
information specifies repetitive tap and visual inspections between aft
fuselage outer skin frames X4630 and X6630 and defines the allowable
limit of disbonding for this area. If there is distortion, wrinkling,
or corrosion, this service information specifies performing a tap
inspection. If there is disbonding within the allowable limit, this
service information specifies reporting the inspection results to
Airbus Helicopters and performing the recurring tap inspection at a
shorter compliance time interval. If there is disbonding that exceeds
the allowable limit, this service information specifies contacting
Airbus Helicopters for repair before further flight.
    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.

 Costs of Compliance

    We estimate that this AD affects 46 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to
comply with this AD.
    Tap inspecting the aft fuselage outer skin takes about 3 work-hours
for an estimated cost of $255 per helicopter and $11,730 for the U.S.
fleet per inspection cycle. Visually inspecting the aft fuselage outer
skin takes about 0.3 work-hour for an estimated cost of $26 per
helicopter and $1,196 for the U.S. fleet per inspection cycle.
Repairing a panel takes about 5 work-hours and parts cost about $500
for an estimated cost of $925. Replacing a panel takes about 10 work-
hours and parts cost about $20,000 for an estimated cost of $20,850.

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 helicopters identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-19-01 Airbus Helicopters: Amendment 39-19401; Docket No. FAA-
2018-0384; Product Identifier 2017-SW-061-AD.

(a) Applicability

    This AD applies to Model AS-365N2, AS 365 N3, EC 155B, EC155B1,
SA-365N1, and SA-366G1 helicopters, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as disbonding of the aft
fuselage outer skin. This condition could result in loss of aft
fuselage structural integrity and subsequent loss of control of the
helicopter.

(c) Effective Date

    This AD becomes effective October 22, 2018.

(d) Compliance

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

(e) Required Actions

    (1) Within 110 hours time-in-service (TIS), tap inspect the aft
fuselage outer skin for disbonding between frames X4630 and X6630 in
the areas depicted in Figure 1 of Airbus Helicopters Alert Service
Bulletin (ASB) No. AS365-05.00.77, ASB No. SA366-05.48, or ASB No.
EC155-05A033, all Revision 0 and dated July 21, 2017 (ASB AS365-
05.00.77, ASB SA366-05.48, or ASB EC155-05A033), as applicable for
your model helicopter. Examples of acceptable and unacceptable
disbonding areas are depicted in Figure 2 of ASB AS365-05.00.77, ASB
SA366-05.48, and ASB EC155-05A033, as applicable for your model
helicopter.
    (i) If there is no disbonding, repeat the tap inspection at
intervals not to exceed 660 hours TIS.
    (ii) If there is disbonding within one square-shaped area
measuring 3.94 in. x 3.94 in. (10 cm x 10 cm) that does not cross
two skin panels, repeat the tap inspection at intervals not to
exceed 110 hours TIS.
    (iii) If there is disbonding that exceeds one square-shaped area
measuring 3.94 in. x 3.94 in. (10 cm x 10 cm) or crosses two skin
panels, before further flight, repair or replace the panel.
Thereafter, tap inspect the panel at intervals not to exceed 660
hours TIS.
    (2) Within 220 hours TIS, and thereafter at intervals not to
exceed 110 hours TIS, clean the aft fuselage outer skin and using a
light, visually inspect for distortion, wrinkling, and corrosion
between frames X4630 and X6630 as depicted in Figure 1 of ASB AS365-
05.00.77, ASB SA366-05.48, or ASB EC155-05A033, as applicable for
your model helicopter. If there is any distortion, wrinkling, or
corrosion, before further flight, tap inspect the area for
disbonding by following the inspection instructions in paragraph
(e)(1) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Matt Fuller, Senior Aviation Safety Engineer, Safety Management
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2017-0165, dated September 5, 2017. You may
view the EASA AD on the internet at http://www.regulations.gov in
Docket No. FAA-2018-0384.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5302, Rotorcraft
tail boom.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin (ASB) No. AS365-
05.00.77, Revision 0, dated July 21, 2017.
    (ii) Airbus Helicopters ASB No. SA366-05.48, Revision 0, dated
July 21, 2017.
    (iii) Airbus Helicopters ASB No. EC155-05A033, Revision 0, dated
July 21, 2017.
    (3) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at http://www.helicopters.airbus. com/website/en/
ref/Technical-Support_73.html.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on September 4, 2018.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2018-19750 Filed 9-14-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9573-9575]
[FR Doc No: 2016-03961]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77197; File No. SR-NYSEArca-2016-34]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule
7.31P(a)(2)(C) Relating to Repricing Events

February 19, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on February 19, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.31P(a)(2)(C) (Orders and
Modifiers) relating to repricing events. The proposed rule change is
available on the Exchange's Web site at www.nyse.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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 7.31P(a)(2)(C) relating to
repricing events that occur upon arrival of an Intermarket Sweep Order
designated Day (``Day ISO'').
    Rule 7.31P(e)(3)(C) provides that a Day ISO, if marketable on
arrival, will be immediately traded with contra-side interest in the
NYSE Arca Book up to its full size and limit price and any untraded
quantity of a Day ISO will be displayed at its limit price and may lock
or cross a protected quotation that was displayed at the time of
arrival of the Day ISO. Accordingly, under current rules, on arrival, a
Day ISO may be displayed at a price that locks or crosses a protected
quotation.
    Under Rule 7.36P(b)(3), if arrival of a Day ISO would result in
less than a round lot being displayed, such order would be displayed on
the Exchange's proprietary data feeds, but it would not be considered a
new Exchange BBO or be considered a protected quotation. In addition,
under Rule 7.38P(b)(1), the working price of an odd-lot quantity of a
Day ISO will depend on where the limit price is in relation to the
PBBO, and whether the PBBO is crossed.
    Separately, Rule 7.31P(a)(2)(C) describes how the Exchange re-
prices resting orders to buy (sell) to avoid locking or crossing a
protected quotation of another market by assigning a display price one
MPV below (above) the PBO (PBB) and a working price equal to the PBO
(PBB). The rule further specifies that ``[i]f a Day ISO to buy (sell)
arrives before the PBO (PBB) is updated, such re-priced Limit Order(s)
to buy (sell) will be repriced to the lower (higher) of the display
price of the Day ISO or the original price of the Limit Order(s).''
Accordingly, current rules specify that arrival of a Day ISO results in
a repricing event for resting orders.
    The Exchange proposes to amend Rule 7.31P(a)(2)(C) to specify how
orders are repriced under that paragraph due to the arrival of a Day
ISO. Specifically, the Exchange proposes to specify that the repricing
event for resting orders under this Rule due to the arrival of a Day
ISO to buy (sell) would occur only if the arriving Day ISO would result
in at least a round lot being displayed as a new BB (BO). In other
words, the arrival of the Day ISO must result in a new protected
quotation at the Exchange before any resting orders are repriced.
    The Exchange also proposes to specify what would occur if the
arriving Day ISO would not result in at least a round lot being
displayed. When resting orders have been repriced under Rule
7.31P(a)(2)(C), if a Day ISO to buy (sell) arrives that would result in
less than a round lot being displayed, the Exchange

proposes that such Day ISO also be assigned a display price one MPV
below (above) the PBO (PBB) and a working price equal to the PBO (PBB).
This proposed treatment of odd lot Day ISOs is similar to treatment of
odd lots under Rule 7.38P(b)(1), however, the Exchange proposes that
under Rule 7.31P(a)(2)(C), even if the PBBO is crossed, the arriving
odd lot quantity of the Day ISO to buy (sell) be assigned a working
price equal to the PBO (PBB) and not equal to the PBB (PBO). The
Exchange proposes this difference from Rule 7.38P(b)(1) so that all
orders repriced pursuant to Rule 7.31P(a)(2)(C), including arriving Day
ISO odd lots, are treated similarly.
    Finally, the Exchange proposes to move the last sentence of Rule
7.31P(a)(2)(C), without change, to be the second sentence of that rule.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\4\ in general, and
furthers the objectives of Section 6(b)(5),\5\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, 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.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposed rule change
would remove impediments to and perfect the mechanism of a free and
open market and a national market system by promoting transparency in
Exchange rules by providing specificity regarding when resting orders
would be repriced due to the arrival of a Day ISO. Specifically, the
proposed rule change would specify that an arriving Day ISO needs to
result in a round lot or more being displayed as a new Exchange BBO
before resting orders would be repriced under Rule 7.31P(a)(2)(C). Rule
7.31P(a)(2)(C) already provides that resting orders would be repriced
upon arrival of a Day ISO, and the amendment provides specificity that
before resting orders may be repriced, the arrival of the Day ISO needs
to result in a new protected quotation.
    The proposed rule change would further remove impediments to and
perfect the mechanism of a free and open market and a national market
system by specifying that if the arrival of the Day ISO to buy (sell)
would not result in a round lot or more being displayed and thus would
not result in a repricing event for resting orders, the Day ISO would
instead be assigned a display price of one MPV below (above) the PBO
(PBB) and a working price equal to the PBO (PBB). This proposed rule
text is similar to Rule 7.38P(b)(1), which already provides that an
arriving odd lot order to buy (sell) will be assigned a working price
based on the PBBO. The Exchange proposes a difference for how an odd
lot quantity of an arriving Day ISO would be priced under Rule
7.31P(a)(2)(C) as compared to Rule 7.38P(b)(1). Specifically, the
Exchange believes that the proposed pricing of an arriving odd-lot
sized Day ISO under Rule 7.31P(a)(2)(C) would remove impediments to and
perfect the mechanism of a free and open market and a national market
system because it would provide for a consistent manner for repricing
orders under Rule 7.31P(a)(2)(C), regardless whether they were resting
orders or arriving odd lot quantity of a Day ISO. Providing for
different treatment of an arriving Day ISO that would result in the
display of an odd-lot quantity is consistent with Regulation NMS, which
permits exchanges to establish their own rules for the handling of odd
lot orders.\6\ The Exchange believes that the proposed amendments would
promote transparency in Exchange rules regarding the manner by which
the Exchange reprices resting orders based on the arrival of a Day ISO.
---------------------------------------------------------------------------

    \6\ See Commission Division of Trading and Markets, Responses to
Frequently Asked Questions Concerning Rule 611 and 610 of Regulation
NMS, April 4, 2008 update, Question 7.03, available at https://www.sec.gov/divisions/marketreg/nmsfaq610-11.htm.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but rather to make amendments
to Rule 7.31P(a)(2)(C) relating to repricing events due to the arrival
of a Day ISO.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
stated that it anticipates beginning the migration of symbols to Pillar
on February 22, 2016. The Commission believes the waiver of the
operative delay is consistent with the protection of investors and the
public interest because it will permit the Exchange to amend Rule
7.31P(a)(2)(C) relating to the repricing of certain orders prior to the
beginning of trading on Pillar. Therefore, the Commission hereby waives
the operative delay and designates the proposal operative upon
filing.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change 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-NYSEArca-2016-34 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-NYSEArca-2016-34. 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-NYSEArca-2016-34, and should
be submitted on or before March 17, 2016.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Brent J. Fields,
Secretary.
[FR Doc. 2016-03961 Filed 2-24-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76182-76183]
[FR Doc No: 2013-29780]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71030; File No. SR-OCC-2013-18]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change Concerning the Governance
Committee Charter

 December 11, 2013.
    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 November 26, 2013, the Options Clearing Corporation (``OCC'')
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 OCC. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    This proposed rule change by The Options Clearing Corporation
(``OCC'') concerns the charter of the Governance Committee (``GC
Charter'') of OCC's Board of Directors (``Board'').

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

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    This proposed rule change concerns the GC Charter. The Board
authorized formation of the Governance Committee (``GC'') at its May
21, 2013, meeting and approved the GC Charter at its September 24,
2013, meeting. As set forth in the GC Charter, the purpose of the GC is
to review the overall corporate governance of OCC and recommend
improvements to OCC's Board. The GC Charter describes the role the GC
plays in assisting the Board in fulfilling its responsibilities, as
described in OCC's By-Laws and Rules, as well as specifying the
policies and procedures governing the membership and organization,
scope of authority, and specific functions and responsibilities of the
GC. In addition, the guidelines for the composition of the GC as well
as the policies regarding its meeting schedule, quorum rules, minute-
keeping and reporting requirements are set forth in the GC Charter and
conform to applicable requirements specified in OCC's By-Laws and
Rules.
    The GC is composed of not fewer than five Directors with at least
one Public Director, one Exchange Director and one Member Director.
Management Directors will not be members of the GC. The Board will
designate a GC Chair and if the Chair is not present at a meeting, the
members who are present will designate a member to serve as the Acting
Chair. The GC will meet at least four times a year and a majority of
the GC members constitutes a quorum. The GC is permitted to call
executive sessions from which guests of the GC may be excluded, and GC
members are permitted to participate in all meetings by conference
telephone call or other means of communication that permit all meeting
participants to hear each other. The GC Chair, or the Chair's designee,
will report regularly to the Board on the GC's activities.
    The GC Charter sets forth certain functions and responsibilities
for the GC including, but not limited to, the following: review the
composition of the Board as a whole, including the Board's balance of
participant and non-participant directors, business specialization,
technical skills, diversity and other desired qualifications; review
the Board's Charter for consistency with regulatory requirements,
transparency of the governance process and other sound governance
practice and recommend changes to the Board, where appropriate; review
the committee structure of the Board, including the GC, and recommend
changes to the Board, where appropriate; review OCC's policies and
procedures for identifying and reviewing Board nominee candidates,
including the criteria for Board nominees; develop and recommend to the
Board a periodic process of self-evaluation of the role and performance
of the Board, its committees and management in the governance of OCC;
review OCC's policies on conflicts of interest of directors, including
the OCC Directors Code of Conduct and recommend changes, where
appropriate; and, review OCC's new director orientation program as well
as OCC's training and education

programs for Board members and recommend changes, where appropriate. In
addition to the foregoing, the GC may undertake other and different
activities, as appropriate, or as may be delegated to it by the Board.
In discharging its role, the GC shall confer with management and other
employees of OCC to the extent the GC deems it necessary to so to
fulfill its duties.\3\
---------------------------------------------------------------------------

    \3\ The GC, subject to the approval of the Board, is permitted
to hire specialists or rely on outside advisors or specialists to
assist it in carrying out the GC's activities. The GC has the
authority to approve the fees and retention terms of such advisors
and specialists.
---------------------------------------------------------------------------

    OCC believes that the proposed rule change is consistent with
Section 17A(b)(3)(F) of the Act \4\ because the GC Charter helps ensure
that OCC's governance structure is designed to protect investors and
the public interest. By creating a GC Charter that clarifies the duties
and operations of the GC, OCC will have, as required under Rule 17Ad-
22(d)(8), a clear and transparent governance structure that will
fulfill the public interests requirements in Section 17A of the Act,
support the objectives of OCC's owners and participants and promote the
effectiveness of OCC's risk management procedures.\5\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1(b)(3)(F).
    \5\ 17 CFR 240.17Ad-22(d)(8).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.\6\ This proposed rule change
will help ensure that OCC meets regulatory requirements that it has a
clear and transparent governance structure, as well as clarify the
organization, duties and operation of the GC through the adoption of
the GC Charter. To the extent OCC's clearing members are affected by
proposed rule change, OCC believes that, by publishing the terms of the
GC Charter in the public domain, all of its participants will have
greater certainty concerning OCC's governance arrangements.
Accordingly, OCC does not believe that the proposed rule will it impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

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

    Written comments on the proposed rule change were not and are not
intended to be solicited with respect to the proposed rule change and
none have been received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

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-OCC-2013-18 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2013-18. 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 of submission. 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 located
at 100 F Street NE., Washington, DC 20549-1090 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 OCC and on OCC's Web site at http://www.theocc.com/about/publications/bylaws.jsp. 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-OCC-2013-18 and
should be submitted on or before January 6, 2014.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Kevin M. O'Neill,
Deputy Secretary.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2013-29780 Filed 12-13-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Proposed Rules]
[Page 19920-19921]
[DOCID:fr16ap10-17]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2009-0052; FRL-9136-5]

Approval and Promulgation of Air Quality Implementation Plans;
Wyoming; Revisions to the Wyoming Air Quality Standards and Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve two State Implementation Plan
(SIP) revisions submitted by the State of Wyoming on September 11,
2008. Wyoming has revised its Air Quality Standards and Regulations,
specifically Chapter 1, Section 5, Unavoidable equipment malfunction,
and Chapter 1, Section 6, Credible evidence. EPA is taking this action
under section 110 of the Clean Air Act. In the ``Rules and
Regulations'' section of this Federal Register, EPA is approving the
State's SIP revision as a direct final rule without prior proposal
because the Agency views this as a noncontroversial SIP revision and
anticipates no adverse comments. A detailed rationale for the approval
is set forth in the preamble to the direct final rule. If EPA receives
no adverse comments, EPA will not take further action on this proposed
rule. If EPA receives adverse comments, EPA will withdraw the direct
final rule and it will not take effect. EPA will address all public
comments in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this 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.

DATES: Written comments must be received on or before May 17, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2009-0052, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays.
Special arrangements should be made for deliveries of boxed
information.
    Please see the direct final rule which is located in the Rules
Section of this Federal Register for detailed instruction on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Kathy Dolan, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: See the information provided in the Direct
Final action of the same title which is located in the Rules and
Regulations Section of this Federal Register.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: April 1, 2010.
Carol L. Campbell,
Acting Deputy Regional Administrator, Region 8.
[FR Doc. 2010-8404 Filed 4-15-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19311-19313]
[FR Doc No: 2011-8360]

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

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2010-0035]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0092]

Update of the 2003 Interagency Quantitative Assessment of the
Relative Risk to Public Health From Foodborne Listeria Monocytogenes
Among Selected Categories of Ready-to-Eat Foods; Request for Comments,
Scientific Data and Information

AGENCY: Food Safety and Inspection Service, USDA; Food and Drug
Administration, HHS.

ACTION: Notice; request for comments and for scientific data and
information.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) and the Food and
Drug Administration (FDA) are requesting comments and scientific data
and information that would assist the agencies in their plan to update
a risk assessment on the relationship between foodborne Listeria
monocytogenes in selected categories of ready-to-eat (RTE) foods and
human health. The purpose of the risk assessment is to incorporate
newly available scientific data and information into the risk
assessment in order to update estimates of the relative risk of illness
and death associated with the consumption of different types of RTE
foods that may be contaminated with L. monocytogenes and to evaluate
the relative effectiveness of strategies to reduce or prevent exposure
to L. monocytogenes from the consumption of RTE foods, including, for
example, the impact of changing refrigerated time and temperature
storage prior to consumption.

DATES: Submit electronic or written comments and scientific data and
information by July 6, 2011.

ADDRESSES: FSIS: Submit electronic comments and scientific data and
information to http://www.regulations.gov. Submit written comments and
scientific data and information to the Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, George Washington
Carver Center, 5601 Sunnyside Ave., Mailstop 5474, Beltsville, MD
20705-5464. All submissions must include the Agency name and docket
number FSIS-2010-0035.
    FDA: Submit electronic comments and scientific data and information
to http://www.regulations.gov. Submit written comments and scientific
data and information to the Division of Dockets Management (HFA-305),
Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852. All submissions must include the Agency name and docket
number FDA-2011-N-0092.

FOR FURTHER INFORMATION CONTACT: FSIS: Janell Kause, Office of Public
Health Science, Food Safety and Inspection Service, United States
Department of Agriculture, 1400 Independence Ave., Aerospace Maildrop
344, Washington, DC 20250,<PHONE_NUMBER>; or
    FDA: Sherri Dennis, Center for Food Safety and Applied Nutrition
(HFS-06), Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Listeria monocytogenes is a bacterium that is commonly found in the
human environment, including food processing environments. After
ingesting L. monocytogenes, humans can develop listeriosis, a severe
foodborne disease with a high case-fatality rate. Listeriosis occurs
predominantly in high-risk population subgroups, including pregnant
women and their fetuses or neonates, immune-compromised individuals,
and the elderly population (defined for the purpose of the risk
assessment discussed in this notice as individuals who are 60 years of
age or older). Due to the high proportion of serious illnesses and the
high case-fatality rate associated with listeriosis, the ``Healthy
People 2010'' goals for national disease prevention and health
promotion specified a reduction in the prevalence of foodborne
listeriosis by 50 percent as an important objective (Ref. 1).
(``Healthy People'' is a national health promotion and disease
prevention initiative that brings together national, State, and local
government agencies; nonprofit, voluntary, and professional
organizations; and businesses, communities, and individuals to improve
the health and quality of life of all Americans, eliminate disparities
in health, and promote good health and quality of life across all life
stages (Ref. 2).) However, despite considerable efforts to reduce the
number of listeriosis cases during the past decade, the listeriosis
prevalence still exceeds the ``Healthy People 2010'' target of 0.25
cases per 100,000 population (Ref. 3). (Note that then President
Clinton's Council on Food Safety, established by Executive Order 13100,
August 25, 1998, developed a strategic plan that set public health
goals including, by 2005, reducing foodborne illness by 25 percent for
some pathogens and for others to the quantitative targets established
in ``Healthy People 2010.'' In 2005, FoodNet data showed 0.30 L.
monocytogenes cases per 100,000 population; the ``Healthy People 2005''
target was 0.25 L. monocytogenes cases per 100,000 population.) In
2009, the prevalence of listeriosis had decreased by only 26 percent
compared to the baseline period (1996 to 1998) rate, and reducing the
prevalence of listeriosis was retained in the ``Healthy People 2020''
objectives, with a target of 0.2 cases per 100,000 population (Refs. 3
and 4).
    In 2003, FDA and FSIS published a quantitative assessment of the
relative risk to public health from foodborne L. monocytogenes among 23
selected categories of RTE foods (the 2003 risk assessment) (Ref. 5).
This 2003 risk assessment provided estimates for the median number of
listeriosis cases attributable to each of 23 RTE food categories on a
per-annum and per-serving basis. This allowed for a relative ranking of
the 23 food categories based on the associated public health risk and
permitted the evaluation of the likely impact of several ``what-if''
mitigation scenarios.
    Since publication of the 2003 risk assessment, the food industry
has changed some practices, including by adding growth inhibitors to
RTE products. L. monocytogenes prevalence in some RTE foods has
decreased over the past decade, and a substantial amount of new
scientific data has become available for potential inclusion in risk
assessments (Refs. 6, 7, and 8). These changes could potentially affect
the outcomes of the risk assessment and alter the relative risk
rankings of the RTE food categories evaluated in the 2003 risk
assessment.
    Risk assessments can be used to evaluate potential risk mitigation
strategies and can guide, support, and enhance an Agency's risk
management policies, outreach efforts, data collection initiatives, and
research priorities. To help ensure that risk mitigation strategies,
risk management policies, outreach efforts, data collection
initiatives, and research priorities aimed at controlling L.
monocytogenes in RTE foods are directed to those RTE foods that pose
the greatest risk, FDA and FSIS have initiated an update to the 2003
risk assessment. The purpose of updating the risk assessment is to
incorporate newly available scientific

data and information that reflect changes in L. monocytogenes
prevalence and industry practices into the risk assessment in order to:
(1) Update estimates of the relative risk of listeriosis associated
with the consumption of different types of RTE foods that may be
contaminated with L. monocytogenes and (2) evaluate the relative
effectiveness of strategies to reduce or prevent exposure to L.
monocytogenes from the consumption of RTE foods, including by modeling
the effect of changing refrigerated storage times and temperatures. To
fill critical data gaps, FDA and FSIS have initiated collaborative
efforts with the USDA Agricultural Research Service, academic partners,
and private laboratories to survey the presence and quantity of L.
monocytogenes in selected categories of RTE foods. RTE foods chosen for
this survey include: Leafy green vegetables, low-acid cut fruits,
smoked seafood, seafood and deli-type salads, soft ripened and semi-
soft cheeses, sandwiches, raw milk, deli meats, hot dogs,
p[acirc]t[eacute], and meat spreads. Estimates for other RTE foods to
be included in the risk assessment will be updated using scientific
data newly available in the literature (if applicable) and information
provided in response to this notice.

II. Request for Comments and Scientific Data and Information

    FSIS and FDA are requesting technical comments on the approach
outlined previously for updating the 2003 risk assessment. FDA and FSIS
are also requesting the submission of new data and information relevant
to this risk assessment that was not available for inclusion in the
previous risk assessment and that may reflect changes in L.
monocytogenes prevalence and industry practices that have occurred
since the previous risk assessment.
    The agencies specifically request new data and information
concerning, but not limited to, the following factors that may affect
the relative risk of listeriosis associated with consumption of the
types of RTE foods that were considered in the 2003 risk assessment:
    1. L. monocytogenes contamination in different RTE foods sampled at
retail or in the processing plant, including:
     The frequency of detecting the presence of L.
monocytogenes in RTE foods (including sample size, number of positives,
total number tested for a specified time period, and test method); and
     The number of L. monocytogenes cells present per amount
(unit volume or weight) of contaminated RTE food (including method
used).
    2. L. monocytogenes survival and growth dynamics in RTE foods,
including:
     Data or models on survival and growth of L. monocytogenes
in specific RTE food matrices, including the potential effects of
commensal microflora;
     Data or models on survival and growth of L. monocytogenes
in the presence or absence of substances that inhibit or retard growth;
and
     Data or models on survival and growth of L. monocytogenes
at different storage temperatures and over different storage times.
    3. The relationship between the dose of L. monocytogenes ingested
with food and the frequency of listeriosis, including:
     The effect of age, health status, or other characteristics
of the consumer on the dose-response relationship;
     The effect of food matrix and product formulation on the
dose-response relationship;
     The effect of genetic characteristics of the L.
monocytogenes strain on the dose-response relationship; and
     Any other data pertinent to L. monocytogenes dose-response
relationships.
    4. Current food consumption practices in the United States,
including:
     The frequency with which different RTE foods (e.g., deli
meats or cheeses manufactured with growth inhibitors) are consumed by
population subgroups (e.g., general adult population, pregnant women,
the elderly); and
     Serving sizes for different RTE foods.
    5. Food production practices in the United States that may impact
L. monocytogenes prevalence, concentration, survival, or growth in RTE
foods, including:
     The absolute or relative frequency of manufacturing
different RTE foods with substances that inhibit the growth of L.
monocytogenes and the types and concentrations of growth inhibitor
used;
     The absolute or relative amount of specific types of RTE
foods that are prepared, sliced, cut, or repackaged in retail
operations as opposed to being sold pre-sliced/pre-cut;
     The absolute or relative amount of different RTE foods
manufactured without growth inhibitors that are prepared, sliced, or
repackaged at retail;
     The average shelf life of foods that were identified in
the 2003 risk assessment (Ref. 4) as supporting L. monocytogenes
growth;
     The average shelf life of RTE foods that were not
explicitly identified in the 2003 risk assessment but that may
conceivably support L. monocytogenes growth;
     The ability of current production practices to prevent or
reduce L. monocytogenes contamination in finished product;
     The ability of current operational practices in retail
operations to prevent or reduce L. monocytogenes contamination in the
final product at the time of sale; and
     The ability of current post-processing practices to
prevent L. monocytogenes cross-contamination after processing.
    6. Storage times and temperatures that may affect L. monocytogenes
growth during transport and storage of foods in the consumer's home.
    7. Other comments, including the RTE food categories that should be
evaluated in the risk assessment.

III. Request for Comments, Scientific Data and Information

    FSIS: Interested persons may submit to FSIS's Docket Clerk (see
ADDRESSES) either electronic or written comments regarding this
document. Identify comments with the docket number found in brackets in
the heading of this document. Received comments may be seen in the FSIS
Docket Room between 8:30 a.m. and 4:30 p.m., Monday through Friday.
    FDA: Interested persons may submit to FDA's Division of Dockets
Management (see ADDRESSES) either electronic or written comments
regarding this document. It is only necessary to send one set of
comments. It is no longer necessary to send two copies of mailed
comments. Identify comments with the docket number found in brackets in
the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

IV. References

    The following references are on display in the Division of Dockets
Management (see ADDRESSES) and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday through Friday. We have verified all
addresses, but we are not responsible for any subsequent changes to the
Web sites after this document publishes in the Federal Register.
    1. U.S. Department of Health and Human Services, ``Healthy People
2010,'' Chapter 10, Food Safety, Washington, DC, 2000,  http://www.healthypeople.gov/2010/Document/pdf/Volume1/10Food.pdf.
    2. U.S. Department of Health and Human Services, ``Healthy People
2020,'' HP 2020 Framework, Washington, DC, 2010, available at http://
www.healthy

people.gov/2020/Consortium/HP2020Framework.pdf.
    3. Anonymous, 2010, ``Preliminary FoodNet Data on the Incidence of
Infection With Pathogens Transmitted Commonly Through Food--10 States,
2009,'' Morbidity and Mortality Weekly Report, 59: 418-422, available
at http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5914a2.htm.
    4. U.S. Department of Health and Human Services, ``Healthy People
2020,'' HP 2020 FS-1.3, Washington, DC, 2010, available at http://www.healthypeople.gov/2020/topicsobjectives2020/pdfs/HP2020objectives.pdf.
    5. U.S. Department of Health and Human Services and U.S. Department
of Agriculture/Food Safety and Inspection Service, ``Quantitative
Assessment of Relative Risk to Public Health From Foodborne L.
monocytogenes Among Selected Categories of RTE Foods,'' September 2003,
available in Docket No. FDA-1999-N-0134 (formerly Docket No. 1999N-
1168), vols. 23 through 28, available at http://www.fda.gov/Food/ScienceResearch/ResearchAreas/RiskAssessmentSafetyAssessment/ucm183966.htm.
    6. Endrikat, S., D. Gallagher, R. Pouillot, H. Hicks Quesenberry,
D. Labarre, C. M. Schroeder, and J. Kause, ``A Comparative Risk
Assessment for L. monocytogenes in Prepackaged Versus Retail-Sliced
Deli Meat,'' Journal of Food Protection, 73:612-9.
    7. U.S. Department of Agriculture, Food Safety and Inspection
Service, 2003, 9 CFR part 430, ``Control of Listeria monocytogenes in
Ready-to-Eat Meat and Poultry Products,'' final rule. Federal Register,
68 FR 34208 to 34254.
    8. U.S. Department of Agriculture/Food Safety and Inspection
Service, ``The FSIS Microbiological Testing Program for Ready-to-Eat
(RTE) Meat and Poultry Products, 1990-2009,'' September 2010, available
at http://www.fsis.usda.gov/Science/Micro_Testing_RTE/index.asp.

    Dated: March 25, 2011.
Alfred V. Almanza,
Administrator, FSIS.
    Dated: March 31, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-8360 Filed 4-6-11; 8:45 am]
BILLING CODE 4160-01-P


From:	"Frey, Nathan J."<EMAIL_ADDRESS>To:	Amy Cole/DC/USEPA/US@EPA Cc:	Nicole Owens/DC/USEPA/US@EPA, Joseph-J Dougherty/DC/USEPA/US@EPA Date:	06/14/2012 09:49 PM Subject:	RE: PM NAAQS Ready for Upload?

We have concluded our review under EOs 12866 and 13563 of the National Ambient Air Quality Standards for Particulate Matter proposed rule: RIN 2060-AO47.  Thanks all.