[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34731-34732]
[DOCID:fr18jn08-58]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2008-0330; FRL-8582-5]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Information Collection Request for the Schools
Chemical Cleanout Campaign (SC3); EPA ICR No. 2285.01

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request for a new Information Collection Request (ICR) to the
Office of Management and Budget (OMB). Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before August 18, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2008-0330, 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>.
     Mail: Resource Conservation and Recovery Act (RCRA)
Docket, Environmental Protection Agency, 2822T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
     Hand Delivery: Resource Conservation and Recovery Act
(RCRA) Docket in the EPA Docket Center (EPA/DC), EPA West Building,
Room 3334, 1301 Constitution Avenue, NW., Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2008-0330. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Cynthia Merse, Hazardous Waste
Minimization and Management Division, Office of Solid Waste, Mail Code:
5302P, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 703-
308-8433; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-RCRA-2008-0330, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the RCRA Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the RCRA Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;

    (ii) evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does this Apply to?

    Affected entities: Entities potentially affected by this action are
the EPA Partner Organizations that provide SC3 resources and services
to schools.
    Title: Information Collection Request for the Schools Chemical
Cleanout Campaign (SC3).
    ICR numbers: EPA ICR No. 2285.01.
    ICR status: This ICR is for a new information collection activity.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The Schools Chemical Cleanout Campaign (SC3) was created
in 2004, building on regional, state, tribal, and local SC3 programs
across the nation. The National SC3 program was launched in March of
2007. The National SC3 program uses a variety of innovative approaches
to achieve three goals: (1) Removal of outdated and dangerous chemicals
from K-12 schools; (2) prevention of future accumulations of chemicals
and reduction of accidents by establishing prevention activities such
as good purchasing and management practices; and, (3) raising national
awareness of the problem.
    One of the ways that EPA accomplishes its goals is by partnering
with organizations that volunteer to assist schools in the management
of the schools' chemicals and the removal of schools' chemical waste.
There are currently eleven Partners.
    To evaluate the current state of the program and determine what the
future direction should be, EPA intends to conduct a voluntary survey
of its industry Partners to gather information on their activities and
the results of their work under the program. To this end, EPA has
prepared a draft survey form with four main goals:
     Collect general information about the Partners (e.g.,
reasons for joining the SC3 Program, future plans, etc.);
     Identify the accomplishments of Partners under the SC3
Program;
     Identify additional resources needed by Partners to
accomplish their goals; and
     Collect lessons learned from Partners on what has worked
and what has not worked under the Program, so this information can be
shared with others.
    EPA intends to ask Partners to complete and submit the survey
annually. The survey will be available to Partners in an electronic
format. They can submit completed surveys by e-mail, postal mail, or
fax.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average one
hour per response for Partners to complete the survey for the first
time and forty-five minutes for Partners to update the survey in
subsequent years. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR will provide a detailed explanation of the Agency's
estimate, which is only briefly summarized here:
    Estimated total annual number of potential respondents: 33.
    Frequency of response: Annually.
    Estimated total average number of responses for each respondent:
One per year.
    Estimated total annual burden hours: 28 hours.
    Estimated total annual costs: $1,247. This includes an estimated
cost of $1,247 for labor and an estimated cost of $0 for capital
investment or maintenance and operational costs.

What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 10, 2008
Matt Hale,
Director, Office of Solid Waste.
[FR Doc. E8-13829 Filed 6-17-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12699-12700]
[FR Doc No: 2023-04056]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0016]

Derricks Standards Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in its Derricks
Standards.

DATES: Comments must be submitted (postmarked, sent, or received) by
May 1, 2023.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2010-0016).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as social security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, the reporting burden (time and
costs) is minimal, the collection instruments are clearly understood,
and OSHA's estimate of the information collection burden is accurate.
The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and incidents (see 29 U.S.C. 657). The OSH Act also requires
OSHA to obtain such information with a minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
said information (see 29 U.S.C. 657).
    The following sections describe who uses the information collected
under each requirement as well as how they use it. The purpose of these
requirements is to prevent death and serious injuries among workers by
ensuring that the derrick is not used to lift loads beyond its rated
capacity and that all the ropes are inspected for wear and tear.
    Paragraph (c)(1) requires that for permanently installed derricks a
clearly legible rating chart must be provided with each derrick and
securely affixed to the derrick. Paragraph (c)(2) requires that for
non-permanent installations the manufacturer must provide sufficient
information from which capacity charts can be prepared by the employer
for the particular installation. The capacity charts must be located at
the derrick or at the jobsite office. The data on the capacity charts
provide information to the workers to assure that the derricks are used
as designed and not overloaded or used beyond the range specified in
the charts.
    Paragraph (f)(2)(i)(d) requires that warning or out of order signs
must be placed on the derrick hoist while adjustments and repairs are
being performed.
    Paragraph (g)(1) requires employers to thoroughly inspect all
running rope in use, and to do so at least once a month. In addition,
before using rope that has been idle for at least a month, it must be
inspected as prescribed by paragraph (g)(3) and a record prepared to
certify that the inspection was done. The certification records must
include the inspection date, the signature of the person conducting the
inspection, and the identifier of the rope inspected. Employers must
keep the certification records on file and available for inspection.
The certification records provide employers, workers, and OSHA
compliance officers with assurance that the ropes are in good
condition. The Standard requires the disclosure of charts and
inspection certification records if requested during an OSHA
inspection.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    There is no change in burden hours in the information collection
requirements in this standard. The costs are adjusted due to updated
calculations.
    Type of Review: Extension of a currently approved collection.
    Title: Derricks Standard (29 CFR 1910.181).
    OMB Control Number: 1218-0222.
    Affected Public: Business or other for-profits.
    Number of Respondents: 1,050.
    Frequency of Responses: On occasion.
    Total Responses: 7,750.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 1,336.
    Estimated Cost (Operation and Maintenance): $90,300.

IV. Public Participation--Submission of Comments on This Notice and
internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:

(1) electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number (Docket No. OSHA-2010-0016) for the ICR. You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify electronic comments by
your name, date, and the docket number so that the Agency can attach
them to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website.
    All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the http://www.regulations.gov website to submit comments and access
the docket is available at the website's ``User Tips'' link. Contact
the OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>) for
information about materials not available from the website, and for
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on February 14, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-04056 Filed 2-27-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Pages 4090-4095]
[FR Doc No: 2022-01470]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94015; No. SR-NYSEArca-2022-02]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Options Fee Schedule

January 20, 2022.
    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 January 12, 2022, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule
(the ``Fee Schedule'') regarding the Floor Broker Fixed Cost Prepayment
Incentive Program. The Exchange proposes to implement the fee change
effective January 12, 2022.\4\ The proposed rule change is available on
the Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
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    \4\ The Exchange originally filed to amend the Fee Schedule on
December 29, 2021 (SR-NYSEArca-2021-108) and withdrew such filing on
January 12, 2022.
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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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to modify the Floor Broker Fixed Cost
Prepayment Incentive Program (the ``FB Prepay Program''), a prepayment
incentive program that allows Floor Broker organizations (each, a
``Floor Broker'') to prepay certain of their annual Eligible Fixed
Costs in exchange for volume rebates, as set forth in the Fee
Schedule.\5\
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    \5\ See Fee Schedule, FLOOR BROKER FIXED COST PREPAYMENT
INCENTIVE PROGRAM (the ``FB Prepay Program''), available here:
https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf. ``Eligible Fixed Costs,'' as set
forth in the Fee Schedule, include the OTP Trading Participant
Rights fee for a Floor Broker, Floor Broker Order Capture Device--
Market Data Fees, Floor Booth fees, the Options Floor Access Fee,
and Wire Services fees.
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    Currently, the FB Prepay Program offers participating Floor Brokers
an opportunity to qualify for rebates by achieving growth in billable
manual volume by a certain percentage as measured against one of two
benchmarks (the ``Percentage Growth Incentive''). Specifically, the
Percentage Growth Incentive is designed to encourage Floor Brokers to
increase their average daily volume (``ADV'') in billable manual
contract sides to qualify for a Tier; each Tier of the FB Prepay
Program corresponds to an annual rebate equal to the greater of the
``Total Percentage Reduction of pre-paid annual Eligible Fixed Costs''
or the annualization of the montly ``Alternative Rebate.'' \6\ In
either case, participating Floor Brokers receive their annual rebate
amount in the following January.\7\ Floor Brokers that wish to
participate in the FB Prepay Program for the following calendar year
must notify the Exchange no later than the last business day of
December in the current year.\8\
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    \6\ See id. The Percentage Growth Incentive excludes Customer
volume, Firm Facilitation and Broker Dealer facilitating a Customer
trades, and QCCs. Any volume calculated to achieve the Firm and
Broker Dealer Monthly Fee Cap and the Limit of Fees on Options
Strategy Executions, will likewise be excluded from the Percentage
Growth Incentive because fees on such volume are already capped and
therefore do not increase billable manual volume. See id.
    \7\ See Fee Schedule, FLOOR BROKER FIXED COST PREPAYMENT
INCENTIVE PROGRAM (the ``FB Prepay Program'').
    \8\ See id.
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    As further described below, the Exchange proposes to modify the
qualifying benchmarks, growth percentage requirements, and rebate
amounts for the FB Prepay Program, and further proposes to adjust the
basis for the calculation of a participating Floor Broker's Eligible
Fixed Costs for the following calendar year.
    The Exchange proposes to implement the fee changes effective
January 12, 2022.
Proposed Rule Change
    The Exchange proposes to modify the benchmarks that Floor Brokers
that participate in the FB Prepay Program must meet to qualify for the
Percentage Growth Incentive. Currently, to qualify for the Percentage
Growth Incentive, a Floor Broker must increase their ADV for the
calendar year above the greater of (1) 20,000 contract sides in
billable manual ADV, or (2) 105% of the Floor Broker's total billable
manual ADV in contract sides during the second half of 2017.\9\ The
Exchange proposes to modify each of the minimum thresholds to qualify
for the Percentage Growth Incentive. Specifically, the Exchange
proposes to (1) modify the first benchmark to increase the requisite
minimum contract sides in billable manual ADV from 20,000 to 30,000,
and (2) modify the second benchmark from 105% of the Floor Broker's
total billable manual ADV in contract sides during the second half of
2017 (i.e., July through December 2017) to the Floor Broker's total
billable manual ADV in contract sides during the second half of 2020
(i.e., July through December 2020).\10\
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    \9\ See Fee Schedule, FLOOR BROKER FIXED COST PREPAYMENT
INCENTIVE PROGRAM (the ``FB Prepay Program'').
    \10\ See proposed Fee Schedule, FLOOR BROKER FIXED COST
PREPAYMENT INCENTIVE PROGRAM (the ``FB Prepay Program'').
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    The Exchange believes that 30,000 ADV is a reasonable minimum
threshold above which a participating Floor Broker would need to
increase volume to earn a rebate under the FB Prepay Program,
particularly in light of the increased options volume executed by Floor
Brokers in the past year. The Exchange notes that Floor Brokers that
are new to the Exchange would also be eligible to qualify for the
Percentage Growth Incentive based on this minimum threshold. For Floor
Brokers that exceed 30,000 ADV in growth, the Exchange believes that it
is reasonable to continue to use each Floor Broker's historical volume
as a benchmark against which to measure growth and also believes that
updating the benchmark to account for the Floor Broker's more recent
activity on the Exchange is reasonable. The Exchange further believes
that, in light of the market volatility in the first half of 2020 and
the unusually high volumes observed in 2021, Floor Broker activity in
the second half of 2020 would be an appropriate benchmark against which
to measure volume for purposes of the FB Prepay Program. All Floor
Brokers that aim to achieve the rebate would still be required to
increase volume executed on the Exchange, and the total annual rebate
available for achieving each Tier would continue to be the same
regardless of whether the Floor Broker qualifies based on growth over
30,000 ADV contract sides or its second half of 2020 volume, as
proposed.
    The Exchange also proposes a series of modifications to the
percentage growth requirements for the Percentage Growth Incentive, the
percentage reductions of annual fixed costs, and the Alternative Rebate
amounts. The Exchange believes the proposed modifications would
continue to incentivize Floor Brokers to participate in the FB Prepay
Program and would generally make the rebates offered pursuant to the FB
Prepay Program more achievable for participating Floor Brokers. First,
the Exchange proposes to decrease certain of the percentage growth
requirements for the Percentage Growth Incentive Tiers. Specifically,
the

Exchange proposes to reduce the requirement for Tier 2 from 25% to 15%
and for Tier 3 from 50% to 30%. Second, the Exchange proposes to modify
the total percentage reduction of pre-paid annual Eligible Fixed Costs
offered for certain Tiers. Specifically, the Exchange proposes to
modify the percentage for Tier 1 from 25% to 10% and for Tier 3 from
75% to 80%. Third, the Exchange proposes to increase the Alternative
Rebate offered for Tiers 1 through 3, as set forth in the table below.
Finally, the Exchange proposes to eliminate Tiers 4 and 5. The Exchange
believes eliminating these Tiers is reasonable in light of the proposed
changes described above, including because Tier 3, as modified, would
offer participating Floor Brokers an Alternative Rebate amount greater
than the amount currently offered by either Tier 4 or 5.
    The following table reflects the proposed changes (with deletions
in brackets and new text italicized):

                                        FB Prepayment Program Incentives
                          [Based on annual ADV in contract sides for the calendar year]
----------------------------------------------------------------------------------------------------------------
                                                                  Total percentage
                                        Percentage growth       reduction of pre-paid
               Tier                         incentive           annual Eligible Fixed      Alternative rebate
                                                                        Costs
----------------------------------------------------------------------------------------------------------------
Tier 1............................  5%......................  [25%] 10%...............  [$4,000] $8,000/month.
Tier 2............................  [25%] 15%...............  50%.....................  [$6,000] $18,000/month.
Tier 3............................  [50%] 30%...............  [75%] 80%...............  [$8,000] $24,000/month.
[Tier 4...........................  100%....................  80%.....................  $14,000/month].
[Tier 5...........................  150%....................  100%....................  $18,000/month].
----------------------------------------------------------------------------------------------------------------

    Thus, as proposed, a participating Floor Broker would qualify for
the Percentage Growth Incentive by executing ADV growth in manual
billable contract sides that is 5%, 15%, or 30% over the greater of (1)
30,000 contract sides ADV, or (2) their ADV during the second half of
2020 (i.e., July through December 2020). A Floor Broker that
participates in the FB Prepay Program and achieves a Percentage Growth
Incentive Tier, as modified, will continue to be eligible for an annual
rebate that is the greater of the ``Total Percentage Reduction of pre-
paid annual Eligible Fixed Costs'' or the ``Alternative Rebate'' based
on the Tier achieved. A Floor Broker that is new to the Exchange (or
one that did not execute at least 30,000 contract sides in billable
manual ADV in the second half of 2020) would continue to have the
ability to qualify for the Percentage Growth Incentive by executing at
least 30,000 contract sides in manual billable ADV, increased by the
specified percentages during the year. The total rebate available for
achieving each Tier would be the same regardless of whether the Floor
Broker qualifies based on 100% of its second half of 2020 volume or the
minimum 30,000 ADV contract sides benchmark.
    The Exchange also proposes to modify the date it will use for the
calculation of a Floor Broker's Eligible Fixed Costs for the following
calendar year. The FB Prepay Program currently specifies that a Floor
Broker that commits to the program will be invoiced in January for
Eligible Fixed Costs, based on annualizing their Eligible Fixed Costs
incurred in the previous November.\11\ The Exchange proposes to modify
the Fee Schedule to specify that the annualization of Eligible Fixed
Costs would be based on costs incurred in November 2020. The Exchange
believes that Floor Brokers' costs as of November 2020 would more
accurately reflect Eligible Fixed Costs for the coming calendar year
based on anticipated fixed costs in 2022.
---------------------------------------------------------------------------

    \11\ The Fee Schedule also currently provides that the
``Exchange will not issue any refunds in the event that a Floor
Broker organization's prepaid Eligible Fixed Costs exceeds such
actual costs, except that the Exchange will refund certain of the
prepaid Eligible Fixed Costs that were waived for Qualifying Firms
as defined, and set forth in, NYSE Arca OPTIONS: FLOOR and EQUIPMENT
and CO-LOCATION FEES.'' See Fee Schedule, FLOOR BROKER FIXED COST
PREPAYMENT INCENTIVE PROGRAM (the ``FB Prepay Program''). The
Exchange proposes clarifying changes to (1) delete the word ``such''
from the description of actual Eligible Fixed Costs, and (2) delete
the reference to the circumstances under which the Exchange would
refund certain prepaid Eligible Fixed Costs, as the Fee Schedule no
longer provides for a waiver to Qualifying Firms in connection with
COVID-19 related considerations. See Securities Exchange Act Release
No. 92614 (August 9, 2021), 86 FR 44765 (August 13, 2021) (SR-
NYSEArca-2021-69) (removing language from the Fee Schedule
associated with COVID-19 related fee waivers).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\13\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \14\
---------------------------------------------------------------------------

    \14\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\15\ Therefore, currently no exchange possesses significant
pricing power in the execution of multiply-listed equity and ETF
options order flow. More specifically, in November 2021, the Exchange
had less than 13% market share of executed volume of multiply-listed
equity and ETF options trades.\16\
---------------------------------------------------------------------------

    \15\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \16\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of ETF-based options, see
id., the Exchange's market share in equity-based options was 10.35%
for the month of November 2020 and 12.99% for the month of November
2021.

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

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise, changes
to exchange transaction fees can have a direct effect on the ability of
an exchange to compete for order flow.
    The Exchange believes the proposed modifications to the FB Prepay
Program are reasonable because participation in the program is
optional, and Floor Brokers can elect to participate and seek to
qualify for the Percentage Growth Incentive as they see fit. The
Exchange also believes that the proposed change is reasonably designed
to encourage Floor Brokers to provide liquidity on the Exchange, to
continue to incent Floor Brokers to participate in the FB Prepay
Program, and to ensure that Floor Brokers that are new to the Exchange
(or Floor Brokers that did not execute more than 30,000 ADV in contract
sides) could also participate in the program, including by continuing
to offer two alternative means to achieve the same rebate at each Tier.
The Exchange believes that 30,000 ADV is a reasonable minimum threshold
above which a participating Floor Broker would need to increase volume
in order to realize the Percentage Growth Incentive (and is on a
similar playing field with Floor Brokers that exceeded this volume
requirement in 2020). For Floor Brokers that exceeded the 30,000 ADV in
the second half of 2020, the Exchange believes it is reasonable to use
each Floor Broker's historical volume as a benchmark against which to
measure future growth to achieve the Percentage Growth Incentive and
further believes that activity in the second half of 2020 would provide
an appropriate updated benchmark in light of the market volatility in
the first half of 2020 and the unusually high volumes observed in 2021.
    In addition, the Exchange believes that the proposed changes to the
Percentage Growth Incentive are reasonable because they are designed to
continue to incent Floor Broker participation in the FB Prepay Program
by making the rebates offered under the FB Prepay Program generally
more achievable and by offering increased rebate amounts and are
therefore designed to encourage increased executions by Floor Brokers
on the Exchange, which activity would benefit all market participants.
    The Exchange also believes that the proposed change with respect to
the date used for the calculation of Eligible Fixed Costs is reasonable
because it expects Floor Broker organizations' November 2020 costs to
provide a more accurate basis for annualizing Eligible Fixed Costs for
the coming calendar year based on anticipated fixed costs in 2022.
    Finally, to the extent the proposed change continues to attract
greater volume and liquidity to the Exchange Floor, the Exchange
believes the proposed change would improve the Exchange's overall
competitiveness and strengthen its market quality for all market
participants. In the backdrop of the competitive environment in which
the Exchange operates, the proposed rule change is a reasonable attempt
by the Exchange to increase the depth of its market and improve its
market share relative to its competitors.
The Proposed Rule Change Is an Equitable Allocation of Credits and Fees
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits. The proposal is based on the amount
and type of business that Floor Brokers transact on the Exchange, and
Floor Brokers are not obligated to participate in the FB Prepay Program
or attempt to trade sufficient volume to qualify for one of the
Percentage Growth Incentive Tiers. In addition, all participating Floor
Brokers have the opportunity to qualify for the same rebate at each
Tier through two alternatives means (i.e., growth over the greater of
at least 30,000 contract sides in billable ADV or the Floor Broker's
total billable manual ADV in the second half of 2020). The Exchange
also notes that the proposed changes are designed to encourage Floor
Brokers that have previously enrolled in the FB Prepay Program to
reenroll for the upcoming year, as well as to attract Floor Brokers
that have not yet participated in the program.
    Moreover, the Exchange believes that the proposed modifications to
the FB Prepay Program are an equitable allocation of fees and credits
because they would apply to participating Floor Brokers equally and are
intended to encourage the important role performed by Floor Brokers in
facilitating the execution of orders via open outcry and providing
opportunities to obtain price improvement, a function which the
Exchange wishes to support for the benefit of all market participants.
The Exchange further believes that the proposed change with respect to
the calculation of Eligible Fixed Costs is equitable because it would
continue to be based on each Floor Broker organization's annualized
costs and because the November 2020 basis for annualizing costs would
provide a more accurate reflection of Eligible Fixed Costs for the
coming calendar year based on anticipated fixed costs in 2022.
    To the extent that the proposed change continues to incent Floor
Brokers to participate in the FB Prepay Program and achieve the volume
required to qualify for the Percentage Growth Incentive, the increased
order flow would continue to make the Exchange a more competitive venue
for, among other things, order execution. Similarly, to the extent the
proposed change encourages Floor Brokers to participate in a greater
variety of transactions on the Exchange, the resulting increased order
flow would likewise continue to make the Exchange a more competitive
venue for order execution. Thus, the Exchange believes the proposed
rule change would improve market quality for all market participants on
the Exchange and, as a consequence, attract more order flow to the
Exchange, thereby improving market-wide quality and price discovery.
The Proposed Rule Change Is Not Unfairly Discriminatory
    The Exchange believes the proposed modifications to the FB Prepay
Program are not unfairly discriminatory because they would apply to all
similarly-situated Floor Brokers. The proposal is based on the amount
and type of business transacted on the Exchange, and Floor Brokers are
not obligated to participate in the FB Prepay Program or try to achieve
any of the Percentage Growth Incentive Tiers.
    The Exchange also believes that the proposed change is not unfairly
discriminatory to non-Floor Brokers because it is intended to encourage
Floor Brokers to continue facilitating the execution of orders via open
outcry and providing opportunities to obtain price improvement, a
function that benefits all market participants.
    To the extent that the proposed change continues to attract
participation in the FB Prepay Program and incent Floor Brokers to
increase volume to qualify for the Percentage Growth Incentive, the
increased order flow would continue to make the Exchange a more
competitive venue for, among other things, order execution. Thus, the
Exchange believes the proposed rule change would improve market quality
for all market participants on the Exchange and, as a consequence,
attract

more order flow to the Exchange thereby improving market-wide quality
and price discovery.
    In addition, to the extent that the proposed change attracts a
variety of transactions to the Exchange, this increased order flow
would continue to make the Exchange a more competitive venue for order
execution. Thus, the Exchange believes the proposed rule change would
improve market quality for all market participants on the Exchange and,
as a consequence, attract more order flow to the Exchange Floor,
thereby improving market-wide quality and price discovery. The
resulting increased volume and liquidity would provide more trading
opportunities and tighter spreads to all market participants and thus
would promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, protect investors and the
public interest.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange 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. Instead, as discussed above, the Exchange believes
that the proposed changes would encourage the submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for all market participants. As a result, the Exchange believes that
the proposed change furthers the Commission's goal in adopting
Regulation NMS of fostering integrated competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \17\
---------------------------------------------------------------------------

    \17\ See Reg NMS Adopting Release, supra note 14, at 37499.
---------------------------------------------------------------------------

    Intramarket Competition. The Exchange believes the proposed change
will continue to incent Floor Brokers to participate in the FB Prepay
Program and encourage order flow to be directed to the Exchange Floor,
which would enhance the quality of quoting and may increase the volumes
of contracts traded on the Exchange. To the extent that the proposed
change imposes an additional competitive burden on non-Floor Brokers,
the Exchange believes that any such burden would be appropriate because
of Floor Brokers' important role in facilitating the execution of
orders via open outcry and providing opportunities for price
improvement, and the Exchange believes the proposed change is designed
to encourage and support that function.
    In addition, to the extent that the proposed change in fact
encourages Floor Broker volume, all market participants should benefit
from the improved market liquidity. Enhanced market quality and
increased transaction volume that results from the anticipated increase
in order flow directed to the Exchange will benefit all market
participants and improve competition on the Exchange.
    Intermarket Competition. The Exchange believes that the proposed
change would promote competition between the Exchange and other
execution venues by encouraging additional orders to be sent to the
Exchange Floor for execution. The proposed modifications to the FB
Prepay Program are designed to continue to incent Floor Broker
participation in the program, including by making the incentives more
achievable and increasing the amounts of the rebates available. The
Exchange thus believes that the proposed change would continue to
encourage Floor Brokers to execute orders on the Floor of the Exchange,
which would increase volume and liquidity, to the benefit of all market
participants by providing more trading opportunities and tighter
spreads.
    Given the robust competition for volume among options markets,
implementing programs to attract order flow, such as the proposed
modifications to the FB Prepay Program, are consistent with the above-
mentioned goals of the Act.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \18\ of the Act and subparagraph (f)(2) of Rule
19b-4 \19\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \20\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-NYSEArca-2022-02 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2022-02. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/

rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for website
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE, Washington, DC 20549 on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2022-02, and should
be submitted on or before February 16, 2022.
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-01470 Filed 1-25-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Proposed Rules]
[Page 58773-58774]
[DOCID:fr17oc07-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0049; Directorate Identifier 2007-NM-168-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, and -900 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Boeing Model 737-600, -700, -700C, -800, and -900 series
airplanes. This proposed AD would require replacing the drain tube
assemblies and support clamps on the aft fairings of the engine struts.
This proposed AD results from reports of failure of the drain tube
assembly and clamp on the aft fairings of an engine strut. We are
proposing this AD to prevent failure of the drain tube assemblies and
clamps on the aft fairings of the engine struts. Such a failure could
allow leaked flammable fluids in the drain systems to discharge on to
the heat shields of the aft fairings of the engine struts, which could
result in an undetected and uncontrollable fire.

DATES: We must receive comments on this proposed AD by December 3,
2007.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Kathrine Rask, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6505; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0049;
Directorate Identifier 2007-NM-168-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports of failure of the drain tube assembly and
support clamp on the aft fairing of an engine strut. In most of the
reports, the failure occurred at the brazed joint between the tube and
the drain cast fitting. Failure of the drain tube assembly and support
clamp on the aft fairing of an engine strut, if not corrected, could
allow leaked flammable fluids in the drain system to discharge on to
the heat shield of the aft fairing of an engine strut, which may result
in an undetected and uncontrollable fire.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 737-54-
1043, dated May 2, 2007. The service information describes procedures
for replacing the drain tube assemblies and support clamps on the aft
fairing of the struts of the number 1 and number 2 engines with new
drain tube assemblies and new support clamps. Accomplishing the actions
specified in the service information is intended to adequately address
the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. For this reason, we are proposing this AD,
which would require accomplishing the actions specified in the service
information described previously.

Costs of Compliance

    There are about 2,058 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 721 airplanes of
U.S. registry. The proposed actions would take about 4 work hours per
airplane, at an average labor rate of $80 per work hour. Required parts
would cost about $2,351 per airplane. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $1,925,791, or
$2,671 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I,

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Boeing: Docket No. FAA-2007-0049; Directorate Identifier 2007-NM-
168-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by December
3, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800,
and -900 series airplanes, certificated in any category; as
identified in Boeing Special Attention Service Bulletin 737-54-1043,
dated May 2, 2007.

Unsafe Condition

    (d) This AD results from reports of failure of the drain tube
assembly and support clamp on the aft fairing of an engine strut. We
are issuing this AD to prevent failure of the drain tube assemblies
and clamps on the aft fairings of the struts of the number 1 and
number 2 engines. Such a failure could allow leaked flammable fluids
in the drain systems to discharge on to the heat shields of the aft
fairings of the engine struts, which could result in an undetected
and uncontrollable fire.

Compliance

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

Replacement

    (f) Within 60 months after the effective date of this AD, remove
the drain tube assemblies and support clamps on the aft fairing of
the struts of engine number 1 and engine number 2. These are to be
replaced with new drain tube assemblies and clamps, in accordance
with the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 737-54-1043, dated May 2, 2007.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

    Issued in Renton, Washington, on October 9, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E7-20469 Filed 10-16-07; 8:45 am]

BILLING CODE 4910-13-P