[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78467-78472]
[FR Doc No: 2023-24940]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2023-0108]

Privacy Act of 1974; System of Records

AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the United States
Department of Transportation (DOT), Federal Aviation Administration
(FAA), proposes a new system of records titled, ``DOT/FAA 858
Adjudication Docket Records in Aviation Litigation Proceedings under 14
Code of Federal

Regulations (CFR) part 13, subparts D and G and Acquisition Dispute
Proceedings under 14 CFR part 17''. This system of records allows DOT
to collect and maintain case records for in-house administrative
adjudications and mediations (``adjudicative records'') in accordance
with FAA procedures and regulations that support its mission of
aviation safety.

DATES: Submit comments on or before December 15, 2023. The Department
may publish an amended Systems of Records Notice considering any
comments received. This new system will be effective immediately upon
publication. The routine uses will be effective December 15, 2023.

ADDRESSES: You may submit comments identified by docket number DOT-OST-
2023-0108 by any of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT-OST-2023-0108. All comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.).
    Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: For questions, please contact: Karyn
Gorman, Departmental Chief Privacy Officer, Privacy Office, Department
of Transportation, Washington, DC 20590; [email protected]; or 202-366-
3140.

SUPPLEMENTARY INFORMATION: The adjudicative records consist of two
categories of records, namely: adjudications resulting from actions in
which individuals request a hearing under 14 CFR part 13, subparts D or
G; and acquisition adjudications, such as bid protests, contract
disputes and pre-disputes filed under 14 CFR part 17. The adjudicative
records in both categories include any associated applications for
attorney fees under 14 CFR part 14. The information maintained in this
system of records depends on the nature of the case and includes but is
not limited to: a party's name; date of birth; tax identification
number (TIN) and/or social security number (SSN); certificate number,
business and personal contact information (e.g., address and phone
number); medical information; drug test results; penalty history;
docket number or order number; financial (e.g., tax returns, pay stubs
or bank statements) and employment-related information; as well as
other personally identifiable information (PII) in exhibits and other
artifacts, which vary depending on the nature of the case.

Background

    In accordance with the Privacy Act of 1974, the United States DOT/
FAA is proposing a new system of records notice titled, ``DOT/FAA 858
Adjudication Docket Records in Aviation Litigation Proceedings under 14
CFR part 13, subparts D and G and Acquisition Dispute Proceedings under
14 CFR part 17.'' The records covered by this Notice were previously
covered by two separate Notices: SORN DOT/FAA 847, Aviation Records on
Individuals, and SORN DOT/ALL 14, Federal Docket Management System
(FDMS). To ensure consistent handling of records maintained by FAA's
Office of Adjudication, DOT is proposing to consolidate adjudication
docket records maintained by the Office of Adjudication into a single
SORN.
    This system of records covers all facets of in-house administrative
adjudications and mediations (``adjudicative records''). The
adjudicative records consist of two categories of records, namely:
adjudications resulting from certain actions in which individuals
request a hearing under 14 CFR part 13, subparts D or G (``subparts D
or G records''), and acquisition adjudications (``acquisition
adjudication records''), such as bid protests, contract disputes and
pre-disputes filed by individuals under 14 CFR part 17. Both of these
categories include any related applications for attorney fees under 14
CFR part 14.

Subparts D or G Records

    Subparts D or G records are records that are generated in
connection with a request for hearing and proceedings related to such a
request under 14 CFR part 13, subparts D and G. FAA actions that result
in the creation of records following a request for a hearing under
subpart D are referenced in 14 CFR 13.20 and include orders of
compliance, cease and desist orders, and orders of denial. FAA actions
that result in the creation of records following a request for a
hearing under subpart G are referenced in that subpart. Requests for
hearings under subparts D and G are filed with the Office of
Adjudication. This Notice does not cover the underlying enforcement
investigative records maintained in FAA's investigative files for
actions described in 14 CFR 13.16 and 13.20; those files are maintained
in accordance with System of Records Notice DOT/FAA 847, Aviation
Records on Individuals, to the extent they pertain to investigations
pertaining to an individual.
    The individual's request for a hearing initiates in-house
administrative adjudication by the FAA. During the adjudication
process, the individual and the FAA make arguments and submit into the
case record information in connection with the litigation and their
positions. This case record information often contains PII that
includes but is not limited to: the individual's name; date of birth;
TIN and/or SSN; certificate number, business and personal contact
information (e.g., address and phone number); medical information; drug
test results; penalty history; docket number or order number; financial
(e.g., tax returns, pay stubs or bank statements) and employment-
related information; as well as other PII in exhibits and other
artifacts, which vary depending on the nature of the case. These
records are generated under the provisions of 14 CFR part 13, subparts
D and G. Associated records pertaining to requests for attorney fees
are generated as a result of the requirements under 14 CFR part 14.
    Subparts D or G records that are the subject of this notice are
those created under 14 CFR part 13, subparts D and G, following an
individual's request for a hearing under those subparts. These
individuals consist of any members of the public who are subject to FAA
statutes and regulations those who fall within the ambit of Sec. Sec.
13.16 and 13.20, who request a hearing under those sections, and who
are the subject of documents generated through litigation under those
sections.

Acquisition Adjudication Records

    Acquisition adjudication records pertain to acquisition actions
filed by a party who does, or seeks to do, business with the FAA; this
Notice applies to those actions filed by parties who

conduct, or seek to conduct business with the FAA in their personal
capacity. It does not apply to actions filed by businesses or other
non-person entities. An acquisition matter could involve a contract
dispute between a party and the FAA over rental payments. A bid protest
filed by a party against an adverse evaluation by the FAA of their
financial capability to perform a contract is another possible
acquisition matter. These parties submit records to support their
contract dispute or bid protest, that includes but is not limited to: a
party's name, date of birth, TIN and/or SSN; business and personal
contact information (address and phone number); docket number or order
number; financial (e.g., tax returns, pay stubs or bank statements) and
employment-related information; as well as other PII in exhibits and
other artifacts, which vary depending on the nature of the case.
    Acquisition adjudication records cover: parties who file, and are
the subjects of, bid protests, contract disputes, pre-disputes and any
associated application for attorney fees, pursuant to 14 CFR parts 17
and 14 (respectively), with the Office of Adjudication's Office of
Dispute Resolution for Acquisition (ODRA). These parties can include:
    Individuals who are contractors, lessors, offerors, and members of
the public who do, or seek to do business with the FAA in their
personal capacity.

Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records Notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information). In accordance with 5 U.S.C. 552a(r), DOT has provided a
report of this system of records to the Office of Management and Budget
and to Congress.

SYSTEM NAME AND NUMBER:
    Department of Transportation, Federal Aviation Administration, DOT/
FAA 858 Adjudication Docket Records in Aviation Litigation Proceedings
under 14 CFR part 13, subparts D and G and Acquisition Dispute
Proceedings under 14 CFR part 17.

SECURITY CLASSIFICATION:
    Unclassified

SYSTEM LOCATION:
    System records are maintained at FAA headquarters in the Office of
Adjudication. Address: 800 Independence Avenue SW, Washington, DC
20591.

SYSTEM MANAGER(S):
    For adjudication records in pending cases: Director, Office of
Adjudication, AGC-70, 800 Independence Ave. SW, Washington, DC 20591.
[email protected] [for Subparts D or G adjudication
records] or [email protected] [for acquisition adjudication records].
    For finalized adjudication records in closed cases stored in the
Case and Document Management System (CDMS): Director, Administrative
Division, AGC-10, 800 Independence Ave. SW, Washington, DC 20591.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. 106, 44701, 40113-40114, and 46101-46110; 14 CFR part 13,
subparts D and G; 14 CFR parts 14 and 17.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to allow DOT to collect and maintain
case records for in-house administrative adjudications and mediations
(``adjudicative records'') in accordance with FAA procedures and
regulations that support its mission of aviation safety. The
adjudicative records consist of two categories of records, namely:
legal proceedings resulting from adjudications resulting from certain
actions in which individuals request a hearing under 14 CFR part 13,
subparts D or G; and acquisition adjudications, such as bid protests,
contract disputes and pre-disputes filed under 14 CFR part 17. The
adjudicative records in both categories include any associated
applications for attorney fees under 14 CFR part 14.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system of records contains information on individual members
of the public who are parties in aviation litigation adjudication
proceedings under 14 CFR part 13, subparts D and G or acquisition
adjudication proceedings under 14 CFR part 17.
    Subparts D or G Records: Individuals who request a hearing under 14
CFR part 13, subparts D and G, resulting from an FAA-initiated action
described in 14 CFR 13.16 and 13.20: These individuals consist of those
who fall within the ambit of Sec. Sec.  13.16 and 13.20, who request a
hearing under those sections, and who are the subject of documents
generated through litigation under those sections.
    Acquisition Adjudication Records: Parties who file, and are the
subjects of, bid protests, contract claims, pre-disputes and associated
applications for attorney fees, pursuant to 14 CFR parts 17 and 14
(respectively), with the ODRA relative to contracts competed or awarded
under the FAA's acquisition policies and procedures. These parties can
include:
    Individuals who are contractors, lessors, offerors, and members of
the public who do, or seek to do business with the FAA in their
personal capacity.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The types of PII contained within the categories of records in this
system of records depend on the nature of the case, and include but are
not limited to:
    Subparts D or G Records: Subparts D or G records are records that
are generated as a result of a request for a hearing under 14 CFR part
13, subparts D and G, resulting from an FAA-initiated legal enforcement
action described in 14 CFR 13.16 and 13.20. Such records may include a
party's name, date of birth; TIN and/or SSN; certificate number,
business and personal contact information (e.g., address and phone
number); medical information; drug test results; penalty history;
docket number or order number; financial (e.g., tax returns, pay stubs
or bank statements) and employment-related information; as well as
other PII in exhibits and other artifacts, which vary depending on the
nature of the case. These records are generated as a result of the
provisions of 14 CFR part 13, subparts D and G.
    Acquisition Adjudication Records: A party's name, date of birth,
TIN and/or SSN; business and personal contact information (address and
phone number); docket number or order number; financial (e.g., tax
returns, pay stubs or bank statements) and employment-related
information; as well as other PII in exhibits and other artifacts,
which vary depending on the nature of the case.

RECORD SOURCE CATEGORIES:
    Subparts D or G Records: Subparts D or G records that are the
subject of this notice are those created under 14 CFR part 13, subparts
D and G, following an individual's request for a hearing under those
subparts. These individuals consist of: those individuals who fall
within the ambit of Sec. Sec.  13.16 and 13.20, who request a hearing
under those sections, and who are the subject of documents generated
through litigation under those sections.
    Acquisition Adjudication Records: Parties who file, and are the
subjects of, bid protests, contract claims, pre-disputes and associated
applications for attorney fees, pursuant to 14 CR parts 17 and 14
(respectively), with the ODRA relative to contracts competed or awarded
under the FAA's acquisition policies and procedures.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to other disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

    System Specific Routine Use
    1. The FAA may provide public versions of decisions and orders,
which have been sanitized to remove any sensitive PII, proprietary,
source-selection or other confidential information, as a routine use,
to commercial publishers of legal materials for inclusion in print
editions and online services for the same reasons. Public versions of
decisions and orders published on the FAA website or by commercial
publishers such as Westlaw or LexisNexis may contain the names of
parties, attorneys, legal representatives, witnesses, and other
individuals involved in the case.

    Departmental Routine Uses
    2. In the event that a system of records maintained by DOT to carry
out its functions indicates a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, and whether arising
by general statute or particular program pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local, or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto.
    3. A record from this system of records may be disclosed, as a
routine use, to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to a DOT decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit.
    4. A record from this system of records may be disclosed, as a
routine use, to a Federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
    5a. Routine Use for Disclosure for Use in Litigation. It shall be a
routine use of the records in this system of records to disclose them
to the Department of Justice, or other Federal agencies conducting
litigation when (a) DOT, or any agency thereof, or (b) Any employee of
DOT or any agency thereof in their official capacity, or (c) Any
employee of DOT or any agency thereof, in their individual capacity,
where the Department of Justice has agreed to represent the employee,
or (d) The United States or any agency thereof, where DOT determines
that litigation likely to affect the United States, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or other Federal agency conducting
the litigation is deemed by DOT to be relevant and necessary in the
litigation, provided, however, that in each case, DOT determines that
disclosure of the records in the litigation is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected.
    5b. Routine Use for Agency Disclosure in Other Proceedings. It
shall be a routine use of records in this system to disclose them in
proceedings before any court or adjudicative or administrative body
before which DOT or any agency thereof appears when (a) DOT, or any
agency thereof, or (b) Any employee of DOT or any agency thereof in
their official capacity, or (c) Any employee of DOT or any agency
thereof in their individual capacity where DOT has agreed to represent
the employee, or (d) The United States or any agency thereof, where DOT
determines that the proceeding is likely to affect the United States,
is a party to the proceeding, or has an interest in such proceeding,
and DOT determines that use of such records is relevant and necessary
in the proceeding, provided, however, that in each case, DOT determines
that disclosure of the records in the proceeding is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected.
    6. The information contained in this system of records will be
disclosed to the Office of Management and Budget, OMB in connection
with the review of private relief legislation as set forth in OMB
Circular No. A-19 at any stage of the legislative coordination and
clearance process as set forth in that Circular.
    7. Disclosure may be made to a Congressional office from the record
of an individual in response to an inquiry from the Congressional
office made at the request of that individual. In such cases, however,
the congressional office does not have greater rights to records than
the individual. Thus, the disclosure may be withheld from delivery to
the individual where the file contains investigative or actual
information or other materials which are being used, or are expected to
be used, to support prosecution or fines against the individual for
violations of a statute, or of regulations of the Department based on
statutory authority. No such limitations apply to records requested for
Congressional oversight or legislative purposes; release is authorized
under 49 CFR 10.35(9).
    8. One or more records from a system of records may be disclosed
routinely to the National Archives and Records Administration (NARA) in
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
    9. Routine Use for disclosure to the Coast Guard and to
Transportation Security Administration. A record from this system of
records may be disclosed as a routine use to the Coast Guard and to the
Transportation Security Administration if information from this system
was shared with either agency when that agency was a component of the
Department of Transportation before its transfer to the Department of
Homeland Security and such disclosure is necessary to accomplish a DOT,
TSA or Coast Guard function related to this system of records.
    10. DOT may make available to another agency or instrumentality of
any government jurisdiction, including State and local governments,
listings of names from any system of records in DOT for

use in law enforcement activities, either civil or criminal, or to
expose fraudulent claims, regardless of the stated purpose for the
collection of the information in the system of records. These
enforcement activities are generally referred to as matching programs
because two lists of names are checked for match using automated
assistance. This routine use is advisory in nature and does not offer
unrestricted access to systems of records for such law enforcement and
related antifraud activities. Each request will be considered on the
basis of its purpose, merits, cost effectiveness and alternatives using
Instructions on reporting computer matching programs to the Office of
Management and Budget, OMB, Congress, and the public, published by the
Director, OMB, dated September 20, 1989.
    11. It shall be a routine use of the information in any DOT system
of records to provide to the Attorney General of the United States, or
his/her designee, information indicating that a person meets any of the
disqualifications for receipt, possession, shipment, or transport of a
firearm under the Brady Handgun Violence Prevention Act. In case of a
dispute concerning the validity of the information provided by DOT to
the Attorney General, or his/her designee, it shall be a routine use of
the information in any DOT system of records to make any disclosures of
such information to the National Background Information Check System,
established by the Brady Handgun Violence Prevention Act, as may be
necessary to resolve such dispute.
    12a. DOT may disclose records from this system, as a routine use,
to appropriate agencies, entities, and persons when: (1) DOT suspects
or has confirmed that there has been a breach of the system of records;
(2) DOT has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, DOT (including its
information systems, programs, and operations), the Federal Government,
or national security; and (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with DOT's efforts to respond to the suspected or confirmed breach or
to prevent, minimize or remedy such harm.
    12b. To another Federal agency or Federal entity, when DOT
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
    13. DOT may disclose records from this system, as a routine use, to
the Office of Government Information Services for the purpose of (a)
resolving disputes between FOIA requesters and Federal agencies and (b)
reviewing agencies policies, procedures and compliance in order to
recommend policy changes to Congress and the President.
    14. DOT may disclose records from this system, as a routine use, to
contractors and their agents, experts, consultants, and other
performing or working on a contract, service, cooperative agreement, or
other assignment for DOT, when necessary to accomplish an agency
function related to this system of records.
    15. DOT may disclose records from this system, as a routine use, to
an agency, organization or individual for the purpose of performing
audit or oversight operations related to this system of records, but
only such records as are necessary and relevant to the audit or
oversight activity. This routine use does not apply to intra-agency
sharing authorized under Section (b)(1) of the Privacy Act.
    16. DOT may disclose from this system, as a routine use, records
consisting of, or relating to, terrorism information (6 U.S.C.
485(a)(5)), homeland security information (6 U.S.C. 482(f)(1)), or Law
enforcement information (Guideline 2 Report attached to White House
Memorandum, ``Information Sharing Environment,'' November 22, 2006) to
a Federal, State, local, Tribal, Territorial, foreign government and/or
multinational agency, either in response to its request or upon the
initiative of the component for purposes of sharing such information as
is necessary and relevant for the agencies to detect, prevent, disrupt,
preempt, and mitigate the effects of terrorist activities against the
territory, people and interests of the United States of America, as
contemplated by the Intelligence Reform and Terrorism Prevention Act of
2004 (Pub. L. 108-458) and Executive Order 13388 (October 25, 2005).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are initially stored electronically on a shared drive and
then are migrated to CDMS, once the case is finalized.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    All records are primarily retrieved by personal identifiers, such
as party name, docket number, or order number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The FAA is drafting a retention and disposition schedule for
adjudicative records; currently all records retention schedules are
pending. Unscheduled records are retained indefinitely pending the
agency's submission, and (National Archives and Records Administration)
NARA's approval, of a disposition schedule. FAA anticipates proposing
to NARA the following retention periods:
    1. In-house administrative adjudication final orders and decisions
are precedential, permanently retained, and transferred to NARA 15
years after the case closes.
    2. In-house adjudicative records, excluding final orders and
decisions, in adjudications not appealed to and litigated in federal
court are destroyed 5 years after the case closes.
    3. In-house adjudicative records in adjudications appealed to and
litigated in federal court are permanently retained, and transferred to
NARA 15 years after the case closes.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT FAA
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored. Access to the computer system containing the records
in this system is limited to individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of whether this system of records
contains information about them may contact the System Manager at the
address provided in the section ``System Manager''. When seeking
records about yourself from this system of records or any other
Departmental system of records your request must conform to the Privacy
Act regulations set forth in 49 CFR part 10. You must sign your request
and your signature must either be notarized or submitted under 28
U.S.C. 1746, a law that permits statements to be made under penalty of
perjury as a substitute for notarization. If your request is

seeking records pertaining to another living individual, you must
include a statement from that individual certifying his/her agreement
for you to access his/her records.

CONTESTING RECORD PROCEDURES:
    See ``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Issued in Washington, DC.
Karyn Gorman,
Departmental Chief Privacy Officer.
[FR Doc. 2023-24940 Filed 11-14-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Unknown Section]
[Pages 41614-41617]
[FR Doc No: 2019-17501]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0023; Product Identifier 2018-NM-145-AD; Amendment
39-19700; AD 2019-15-07]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 737-100, 737-200, 737-200C, 737-300,
737-400, and 737-500 series airplanes. This AD was prompted by reports
of cracks in the frames below the passenger floor. This AD requires
repetitive inspections for cracking of the fuselage lower lobe frames,
and applicable on-condition actions. This AD also provides an optional
terminating action for certain repetitive inspections. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective September 19, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
19, 2019.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0023.

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-2019-
0023; 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 regulatory evaluation, any comments received, and
other information. The address for Docket Operations 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: George Garrido, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 737-100, 737-200, 737-200C, 737-300, 737-400, and 737-500
series airplanes. The NPRM published in the Federal Register on March
1, 2019 (84 FR 6984). The NPRM was prompted by reports of cracks in the
frames below the passenger floor. The NPRM proposed to require
repetitive inspections for cracking of the fuselage lower lobe frames,
and applicable on-condition actions. The NPRM also provided an optional
terminating action for certain repetitive inspections.
    The FAA is issuing this AD to address cracks that could propagate
until the frame severs. Continued operation of the airplane with
multiple adjacent severed frames, or the combination of a severed frame
adjacent to fuselage skin chem-mill cracks, could result in an
uncontrolled decompression and loss of structural integrity of the
airplane.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    Adam Furman, Eric Jacobsen, and Riya Shah stated support for the
NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental
Type Certificate (STC) ST01219SE does not affect compliance with the
proposed actions.
    The FAA concurs with the commenter. The agency has redesignated
paragraph (c) of the proposed AD as paragraph (c)(1) of this AD, and
added paragraph (c)(2) to this AD to state that installation of STC
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the requirement
of 14 CFR 39.17.

Request To Revise the Applicability

    Boeing requested that the applicability of the proposed AD be
changed from ``all The Boeing Company Model 737-100, 737-200, 737-200C,
737-300, 737-400, and 737-500 series airplanes'' to ``The Boeing
Company Model 737-100, 737-200, 737-200C, 737-300, 737-400, and 737-500
series airplanes as identified in Boeing Alert Service Bulletin 737-
53A1362, dated September 20, 2018.'' The commenter stated that this is
more accurate because not all line numbers for the identified Model 737
airplanes are affected.
    The FAA agrees with the commenter's request. Paragraph 1.A.1. of
Boeing Alert Service Bulletin 737-53A1362, dated September 20, 2018,
identifies the affected Model 737 airplanes and does not include all of
the airplane line numbers. In addition, the affected parts are not
rotable, so once a part is removed from an affected airplane it would
not be installed on another airplane including airplanes outside the
line-number range in the service bulletin. The FAA has changed SUMMARY
and the Discussion section in SUPPLEMENTARY INFORMATION of this final
rule to ``certain The Boeing Company Model 737-100, 737-200, 737-200C,
737-300, 737-400, and 737-500 series airplanes.'' The FAA has also
changed paragraph (c)(1) of this AD (paragraph (c) of the proposed AD)
to refer to The Boeing Company Model 737-100, 737-200, 737-200C, 737-
300, 737-400, and 737-500 series airplanes, certificated in any
category, as identified in Boeing Alert Service Bulletin 737-53A1362,
dated September 20, 2018.

Request To Clarify Terminology Regarding Frames

    Boeing requested that the term ``frame webs'' be changed to
``frames'' where the location of the cracking was described, throughout
the NPRM. The commenter stated that this is more accurate because
cracks were found in the frame chords as well as the frame webs, and
the reference should be to frames as a whole.
    The FAA agrees with the commenter's request for the reasons
provided by the commenter. The FAA has revised SUMMARY and the
Discussion section in SUPPLEMENTARY INFORMATION of this final rule and
paragraph (e) of this AD to refer to cracks in ``frames'' instead of
``frame webs.''

Request To Clarify Terminology Regarding Chem-Mill Cracks

    Boeing requested that the term ``fuselage skin chem-milled cracks''
be changed to ``fuselage skin chem-mill cracks'' throughout the NPRM.
The commenter stated that this more accurately describes the condition.
    The FAA agrees with the commenter's request for the reason provided
by the commenter. The agency has revised the Discussion section of this
final rule and paragraph (e) of this AD to refer to ``fuselage skin
chem-mill'' cracks instead of ``fuselage skin chem-milled'' cracks.

Request To Reduce the Compliance Time

    Katie Draus, Shawn McPartland, and an anonymous commenter requested
that the compliance time in the proposed AD be reduced. The commenters
recommended that the proposed AD be put into effect immediately because
of the seriousness of the unsafe condition.
    The FAA acknowledges the commenters' concerns, but does not agree
to reduce the compliance time of this final rule. In developing an
appropriate compliance time for this action, the agency considered the
urgency associated with the unsafe condition, the availability of
replacement parts, and the practical aspect of accomplishing the
required modification within a period of time that corresponds to the
normal scheduled maintenance for most affected operators. The FAA has
not revised this AD in regard to this issue.

Request To Revise Exceptions to Service Information Specifications

    Boeing requested that paragraph (j)(1) of the proposed AD be
revised so that instead of mandating the use of ``the effective date of
this AD,'' it would state that the ``effective date of this AD'' can be
substituted for the original issue date of Boeing Alert Service
Bulletin 737-53A1362, dated September 20, 2018. Boeing stated that
mandating ``the effective date of this AD'' for determining compliance
might discourage operators from doing the actions in the service
information prior to the effective date of the AD.
    Boeing also noted that some of the work instructions in Boeing
Alert Service Bulletin 737-53A1362, dated September 20, 2018, contain
notes that provide relief from inspection requirements if a Boeing
repair was accomplished for the crack condition after the original
issue date of the service bulletin. Boeing pointed out that because
these notes also contain the phrase ``the original issue date of this
service bulletin,'' requiring the use of ``the effective date of this
AD'' might lead operators to think that an AMOC approval would be
needed for relief from inspections on repairs accomplished after the
service bulletin release but prior to publication of the final rule.
Boeing suggested that changing the wording would clarify that an AMOC
approval is not needed.
    The FAA acknowledges the commenter's concern regarding this issue.
The agency disagrees that the wording would discourage operators from
accomplishing the actions in Boeing Alert Service Bulletin 737-53A1362,
dated September 20, 2018, prior to the effective date of this AD
because paragraph (f) of this AD provides credit for the actions done
before the effective date of this AD.
    In response to the commenter's concern regarding the use of ``the
effective date of this AD'' instead of ``the original issue date of
this service bulletin'' in the notes of Boeing Alert Service Bulletin
737-53A1362, dated September 20, 2018, the FAA has revised paragraph
(j)(1) of this AD to state that ``Where BASB 737-53A1362 uses the
phrase `the original issue date of this service bulletin,' this AD
requires using `the effective date of this AD,' except where BASB 737-
53A1362 uses the phrase `the original issue date of this service
bulletin' in a note or flag note.''

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The agency has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA has also determined that these changes will not increase
the economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 737-53A1362, dated
September 20, 2018. The service information describes procedures for
repetitive inspections for cracking of the fuselage lower lobe frames,
applicable on-condition actions, and an optional modification of the
tooling holes and insulation attachment holes. On-condition actions
include repetitive inspections for cracking of the lower lobe frames,
repair, and repetitive post-repair inspections for cracking.
    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

    The FAA estimates that this AD affects 262 airplanes of U.S.
registry. The agency estimates the following costs to comply with this
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  Up to 56 work-hours              $0  Up to $4,760 per     Up to $1,247,120
                                    x $85 per hour =                     inspection cycle.    per inspection
                                    $4,760 per                                                cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
                 Action                           Labor cost            Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Modification............................  1 work-hour x $85 per hour             [*]  $85 per hole.
                                           = $85 per hole.
----------------------------------------------------------------------------------------------------------------
* Parts and materials (e.g., rivets, bolts, collars, primer, adhesive) are supplied by the operator.

    The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this AD.

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

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) Will not affect intrastate aviation in Alaska, 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.

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):

2019-15-07 The Boeing Company: Amendment 39-19700; Docket No. FAA-
2019-0023; Product Identifier 2018-NM-145-AD.

(a) Effective Date

    This AD is effective September 19, 2019.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, 737-
200, 737-200C, 737-300, 737-400, and 737-500 series airplanes,
certificated in any category, as identified in Boeing Alert Service
Bulletin 737-53A1362, dated September 20, 2018 (``BASB 737-
53A1362'').
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE does not affect

the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' alternative method of compliance (AMOC)
approval request is not necessary to comply with the requirements of
14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracks in the frames below
the passenger floor. The FAA is issuing this AD to address cracks
that could propagate until the frame severs. Continued operation of
the airplane with multiple adjacent severed frames, or the
combination of a severed frame adjacent to fuselage skin chem-mill
cracks, could result in an uncontrolled decompression and loss of
structural integrity of the airplane.

(f) Compliance

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

(g) Required Actions for Group 1 Airplanes

    For airplanes identified as Group 1 in BASB 737-53A1362: Within
120 days after the effective date of this AD, accomplish actions to
correct the unsafe condition (e.g., inspections and on-condition
actions) using a method approved in accordance with the procedures
specified in paragraph (k) of this AD.

(h) Required Actions for Group 2 Through 20 Airplanes

    For airplanes identified as Group 2 through 20 in BASB 737-
53A1362: Except as specified in paragraph (i) of this AD, at the
applicable times specified in paragraph 1.E., ``Compliance,'' of
BASB 737-53A1362, do all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of BASB 737-53A1362.

(i) Optional Terminating Action for Certain Repetitive Inspections

    For airplanes identified as Group 2 through 20 in BASB 737-
53A1362, accomplishment of part 13, ``Preventive Modification of the
Frame Web Tooling Hole and Insulation Attachment Hole in the Section
46 Lower Lobe Frame,'' in accordance with the Accomplishment
Instructions of BASB 737-53A1362, terminates the repetitive open
hole high frequency eddy current inspections required by paragraph
(h) of this AD, for the modified tooling hole or insulation
attachment hole location only.

(j) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements
of this AD: Where BASB 737-53A1362 uses the phrase ``the original
issue date of this service bulletin,'' this AD requires using ``the
effective date of this AD,'' except where BASB 737-53A1362 uses the
phrase ``the original issue date of this service bulletin'' in a
note or flag note.
    (2) Where BASB 737-53A1362 specifies contacting Boeing for
repair instructions or alternative inspections: This AD requires
doing the repair, or doing the alternative inspections and
applicable on-condition actions, using a method approved in
accordance with the procedures specified in paragraph (k) of this
AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (l) of this AD. Information may
be emailed 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) Except as required by paragraph (j)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (k)(4)(i) and
(k)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    For more information about this AD, contact George Garrido,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5232; fax:<PHONE_NUMBER>; email: [email protected].

(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) Boeing Alert Service Bulletin 737-53A1362, dated September
20, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 Des Moines, Washington, on July 30, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-17501 Filed 8-14-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31823-31824]
[FR Doc No: 2018-14549]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83584; File No. SR-CBOE-2018-049]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fees Schedule Concerning MSCI EAFE Index Options and MSCI Emerging
Markets Index Options

July 2, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 2, 2018, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') 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 Exchange. 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. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's
Office of the Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule, effective July 2,
2018. Particularly, the Exchange is proposing to adopt a customer
transaction fee for MSCI EAFE Index (MXEA) options and MSCI Emerging
Markets Index (MXEF) options (``MSCI Options''). Currently, the
Exchange does not assess any customer transaction fees for MSCI
options. The Exchange is proposing to adopt a $0.25 per contract fee
for customer transaction fees for transactions in MSCI Options. The
Exchange notes that the proposed fee amount is in line with customer
transaction fees assessed on other index products.\3\
---------------------------------------------------------------------------

    \3\ See Cboe Options Fees Schedule, Index Options Rate Table and
Specified Proprietary Index Options Rate Table.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\5\ which provides that Exchange rules may provide
for the equitable allocation of reasonable dues, fees, and other
charges among its Trading Permit Holders and other persons using its
facilities.
---------------------------------------------------------------------------

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

    In particular, the proposed change is reasonable because the
proposed fee amount is within the range of amounts assessed on other
index products (e.g., OEX Weeklys, XEO Weeklys and Sector Indexes).\6\
The proposed change to the customer MSCI options transaction fees is
equitable and not unfairly discriminatory because it applies uniformly
to all customer transactions in MSCI options. The Exchange also
believes it's reasonable, equitable and not unfairly discriminatory
that the proposed fee amount is still less than the amount assessed for
MSCI options for other market participants because Customer order flow
enhances liquidity on the Exchange for the benefit of all market
participants.
---------------------------------------------------------------------------

    \6\ See Cboe Options Fees Schedule, Specified Proprietary Index
Options Rate Table--Underlying Symbol List A and Sector Indexes.

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

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 Exchange does not
believe that the proposed change to customer MSCI options transaction
fees will cause any unnecessary burden on intramarket competition
because, while customers are assessed different, and often lower, fee
rates than other market participants, Customer order flow enhances
liquidity on the Exchange for the benefit of all market participants.
Moreover, the options industry has a long history of providing
preferential pricing to Customers, and the Exchange's current Fees
Schedule currently does so in many places. Additionally, the proposed
Customer fee amount will be applied equally to all Customers (meaning
that all Customers will be assessed the same amount for MSCI Options).
The Exchange does not believe that the proposed changes to the customer
MSCI Options transaction fees will cause any unnecessary burden on
intermarket competition because the change only affects trading on Cboe
Options. To the extent that the proposed changes make Cboe Options a
more attractive marketplace for market participants at other exchanges,
such market participants are welcome to become Cboe Options market
participants.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and paragraph (f) of Rule 19b-4 \8\
thereunder. 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CBOE-2018-049 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-CBOE-2018-049. 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-CBOE-2018-049 and should be submitted on
or before July 30, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14549 Filed 7-6-18; 8:45 am]
 BILLING CODE P


[Federal Register Volume 87, Number 73 (Friday, April 15, 2022)]
[Notices]
[Pages 22528-22529]
[FR Doc No: 2022-08128]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2420-059]

PacifiCorp; Notice of Application Tendered for Filing With the
Commission and Establishing Procedural Schedule for Relicensing and
Deadline for Submission ff Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2420-059.
    c. Date Filed: March 28, 2022.
    d. Applicant: PacifiCorp.
    e. Name of Project: Cutler Hydroelectric Project.
    f. Location: The existing project is located on the Bear River in
Box Elder and Cache Counties, Utah. The project does not occupy any
federal land or tribal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Eve Davies, Cutler Relicensing Project
Manager, PacifiCorp, 1407 West North Temple, Suite 210, Salt Lake City,
UT 84116;<PHONE_NUMBER>.
    i. FERC Contact: Khatoon Melick,<PHONE_NUMBER> or
[email protected].
    j. This application is not ready for environmental analysis at this
time.
    k. The Cutler Hydroelectric Project consists of: (1) A concrete
gravity arch dam with a total length of 545 feet and a structural
height of 126 feet with an approximately 30-foot-long gated-overflow
spillway with crest elevation at 4,394.5 feet; (2) a 2,476-acre
reservoir with a gross storage volume of 8,563 acre-feet and a normal
maximum operating elevation of 4,407.5 feet above mean sea level
(USGS); (2)(3) a 1,157-foot-long, 18-foot-diameter steel flowline; (4)
an 81-foot-high, 45-foot-diameter Johnson Differential surge tank; (5)
two 118-foot-long, 14-foot-diameter steel penstocks that bifurcate from
the surge tank into the powerhouse; (6) a 74-foot by 130-foot brick
powerhouse; (7) two General Electric 15,000 kilowatt generators with a
total installed capacity of 30 megawatts; (8) two 300-foot-long, 7.2-
and 6.9-kilovolt transmission lines that extend from the powerhouse's
bus bar to step-up transformers located in the Cutler substation; and
(9) appurtenant facilities. The estimated normal gross head of the
project is 127.5 feet. The estimate average annual generation of the
project from 1991 to 2020 is 75,052 megawatt-hours.
    The project is the furthest downstream of the five PacifiCorp
hydroelectric developments on the Bear River system. The Bear River
system is collectively operated by PacifiCorp and is a coordinated
operation of storage reservoirs, diversion dams, canals, and
hydroelectric plants located within a 3,500-square-mile area of the
lower Bear River Basin in Idaho and Utah. Water is diverted from the
Bear River into Bear Lake, which is a natural lake via the Rainbow
Canal. Outside of the irrigation season, Bear Lake flood control
releases, along with winter and spring Bear River drainage natural
water flows, create the base for generation at the Cutler Project. In
southern Cache Valley, there are local drainage basins that also
contribute significant inflows to the project. From mid-June to mid-
October, nearly all the natural flow from the Bear River is diverted
for irrigation. Supplemental flow comes from water stored in Bear Lake.
Given that during the irrigation season most of the inflow into the
project is sent to the irrigation canals and the reservoir must
maintain certain elevations, generation at the powerhouse is virtually
nonexistent from approximately mid-May to the end of September, unless
water is available in higher flow years.
    PacifiCorp proposes to continue to operate the project in a run-of-
river mode and maintain the current upper operating limit elevation on
the reservoir, with a modest expansion to the tolerance. PacifiCorp
also proposes expanding the range of the lower operating limit outside
the irrigation season, both to increase operational flexibility.
Increasing the operating range is to support variable (e.g., wind and
solar) energy generation needs and would not increase the volume of
water available for energy generation.
    l. A copy of the application can be viewed on the Commission's
website at http://www.ferc.gov, using the ``eLibrary'' link. Enter the
docket number, excluding the last three digits in the docket number
field, to access the document (P-2420). For assistance, contact
[email protected], or call toll-free,<PHONE_NUMBER> or (202)
502-8659 (TTY).
    m. You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule: The application will be processed according

to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule may be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Issue Deficiency Letter (if necessary).  April 2022.
Request Additional Information (if       June 2022.
 necessary).
Notice of Acceptance/Notice of Ready     September 2022.
 for Environmental Analysis.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: April 11, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-08128 Filed 4-14-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64024-64025]
[FR Doc No: 2022-22915]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-101-000]

North East Offshore, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
North

East Offshore, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 7, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: October 17, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-22915 Filed 10-20-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Pages 37509-37510]
[FR Doc No: 2017-16599]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Reports, Forms, and Record Keeping Requirements: Agency
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
abstracted below has been forwarded to the Office of Management and
Budget (OMB) for review and comment. The ICR describes the nature of
the information collection and the expected burden. The agency did not
receive comments on the Federal Register notice with a 60-day comment
period.

DATES: Comments must be submitted on or before September 11, 2017.

ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street NW., Washington, DC 20503, Attention NHTSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Mary T. Byrd, Office of Behavioral
Safety Research (NPD-320), National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., W46-466, Washington, DC
20590. Ms. Byrd's phone number is<PHONE_NUMBER> and her email address is
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Title: Psychological Constructs Related to Seat Belt Use (PCRSBU).
    Type of Request: New information collection requirement.
    Abstract: Seat belts reduce the risk of death by 45% among drivers
and front-seat passenger car occupants and by 60% among drivers and
front-seat light truck occupants across all crash types--yet, not
everyone uses a seat belt on every trip. According to the latest
National Occupant Protection Use Survey (NOPUS), seat belt use in the
United States was 90% in 2016. Although a high percentage of people
were observed wearing seat belts through NOPUS, among passenger vehicle
occupants killed in motor vehicle crashes in 2015, only 52% were
wearing a seat belt. Thus, there is still room to save lives by getting
more people to wear seat belts. In order to develop programs with
potential to reach those who do not wear seat belts, we need to know as
much as we can about this group. Currently, we know a lot about the
demographic correlates of seat belt use (e.g., age, gender), but we do
not know much about other individual-level contributors to nonuse. The
purpose of this research is to identify psychological constructs and
psychosocial factors associated with the non-use and part-time use of
seat belts to inform the development of countermeasures.
    The National Highway Traffic Safety Administration (NHTSA) proposes
to conduct a nationally representative web-based survey using the
Growth for Knowledge (GfK) KnowledgePanel, a probability-based web
panel that has

been in existence since 1999, to identify psychological constructs and
psychosocial factors associated with the non-use and part-time use of
seat belts. The survey would measure self-reported seat belt use,
psychosocial factors, and psychological constructs to understand how
these factors are related. The proposed survey is titled,
``Psychological Constructs Related to Seat Belt Use'' (PCRSBU).
    Affected Public: Under this proposed data collection, the potential
respondent universe would be U.S. residents aged 16 years or older who
have driven or ridden in a motor vehicle within the past year. Survey
participants would be recruited from the KnowledgePanel using email
invitations to obtain 6,000 completed surveys. Each participant would
complete a single survey; there would be no request for additional
follow-up information or response.
    Estimated Total Annual Burden: The total respondent burden for this
data collection would be 2,070 hours. NHTSA would contact a maximum of
20,394 KnowledgePanel panelists by email to obtain 6,000 completed
interviews. Of the 20,394 panelists contacted, it is estimated that
approximately 50% or 10,197 potential respondents would log into the
web portal to complete the screener instrument. The estimated burden
for the screener is 170 hours (10,197 * 1 minute = 10,197 minutes/60 =
170 hours). Based upon the screening questions as well as the sampling
plan, it is estimated 510 respondents would not be eligible and that
3,371 eligible respondents would not be sampled. Based upon a 95%
completion rate among the 6,316 sampled respondents, it is anticipated
that 6,000 respondents would complete the full survey. The estimated
burden for the full survey, which would average 19 minutes in length,
is 1,900 hours (6,000 * 19 minutes = 114,000 minutes/60 = 1,900 hours).
The estimated burden for this data collection is 170 hours for the
screener and 1,900 hours for the full survey for a total of 2,070
hours.
    Comments are invited on the following:
     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;
     The accuracy of the agency's estimate of the burden of the
proposed information collection;
     Ways to enhance the quality, utility, and clarity of the
information to be collected; and
     Ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
    A comment to OMB is most effective if OMB receives it within 30
days of publication.

    Authority: 44 U.S.C. Section 3506(c)(2)(A).

    Issued in Washington, DC, on August 1, 2017.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2017-16599 Filed 8-9-17; 8:45 am]
BILLING CODE 4910-59-P