[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Proposed Rules]
[Pages 55798-55801]
[FR Doc No: 2015-23328]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3632; Directorate Identifier 2015-NM-023-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-14-
06 for all Airbus Model A318-111 and -112 airplanes; Model A319-111, -
112, -113, -114, and -115 airplanes; Model A320-111, -211, -212, and -
214 airplanes; and Model A321-111, -112, -211, -212, and -213
airplanes. AD 2014-14-06 currently requires inspecting the aft engine
mount retainers for surface finish, cracks, and failure, and
replacement if necessary. Since we issued AD 2014-14-06, inspection
results have shown that the main cause of crack initiation remains the
vibration dynamic effect that affects both retainers, either with
``dull'' or ``bright'' surface finishes. This proposed AD would require
repetitive inspections for damage, cracks, broken, and missing aft
engine mount retainers, and replacement if necessary. We are proposing
this AD to detect and correct failure of retainer brackets of the aft
engine mount and consequent loss of the locking feature of the nuts of
the inner and outer pins; loss of the pins will result in the aft mount
engine link no longer being secured to the aft engine mount.

DATES: We must receive comments on this proposed AD by November 2,
2015.

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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For Airbus service information identified in this proposed AD,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet
http://www.airbus.com.
    For Goodrich Aerostructures service information identified in this
proposed AD, contact Goodrich Aerostructures, 850 Lagoon Drive, Chula
Vista, CA 91910-2098; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.goodrich.com/TechPubs.
    You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

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-2015-
3632; 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
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-3632;
Directorate Identifier 2015-NM-023-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On July 3, 2014, we issued AD 2014-14-06, Amendment 39-17901 (79 FR
42655, July 23, 2014). AD 2014-14-06 requires actions intended to
address an unsafe condition on all Model A318-111 and -112 airplanes;
Model A319-111, -112, -113, -114, and -115 airplanes; Model A320-111, -
211, -212, and -214 airplanes; and Model A321-111, -112, -211, -212,
and -213 airplanes.
    Since we issued AD 2014-14-06, Amendment 39-17901 (79 FR 42655,
July 23, 2014), we have determined that additional inspections are
necessary to address the identified unsafe condition. The European
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Union, has issued EASA Airworthiness
Directive 2015-0021, dated February 13, 2015 (referred to after this as
the Mandatory Continuing Airworthiness Information, or ``the MCAI''),
to correct an unsafe condition. The MCAI states:

    During in-service inspections, several aft engine mount
retainers, fitted on aeroplanes equipped with CFM56-5A/5B engines,
have been found broken. The results of the initial investigations
highlighted that two different types of surface finish had been
applied (respectively bright and dull material finishes), and that
dull finish affects the strength of the retainer with regard to
fatigue properties of the part. The pins which attach the engine
link to the aft mount are secured

by two nuts, which do not have a self-locking feature; this function
is provided by the retainer brackets. In case of failure of the
retainer bracket, the locking feature of the nuts of the inner and
outer pins is lost; as a result, these nuts could subsequently
become loose.
    In case of full loss of the nuts, there is the potential to also
lose the pins, in which case the aft mount link will no longer be
secured to the aft engine mount. The same locking feature is used
for the three link assemblies of the aft mount.
    This condition, if not detected and corrected, could lead to in-
flight loss of an aft mount link, possibly resulting in damage to
the aeroplane and injury to person on the ground.
    To address this potential unsafe condition, EASA issued AD 2013-
0050 (http://ad.easa.europa.eu/blob/easa_ad_2013_0050_superseded.pdf/AD_2013-0050_1 [which corresponds
to FAA AD 2014-14-06, Amendment 39-17901 (79 FR 42655, July 23,
2014)] to require detailed inspections (DET) of the aft engine mount
retainers and the replacement of all retainers with dull finish with
retainers having a bright finish.
    Since that [EASA] AD was issued, inspection results have shown
that the main cause of crack initiation remains the vibration
dynamic effect that affects both retainers, either with ``dull'' or
``bright'' surface finishes. The non-conforming ``dull'' surface's
pitting is an aggravating factor.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2013-0050, which is superseded, and requires
repetitive DET of all aft engine mount retainers and, depending on
findings [damaged, cracked, broken, or missing retainers], their
replacement.
    This [EASA] AD is considered to be an interim action, pending
development and availability of a final solution.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3632.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-71-1060, dated October 9,
2014. This service information describes procedures for inspection of
the aft engine mount retainers for surface finish (dull or bright), for
damaged, cracked, broken, or missing retainers, and replacement.
    Goodrich Aerostructures has issued Service Bulletin RA32071-160,
dated September 18, 2014. This service information describes procedures
for inspection of the aft engine mount inner retainers for cracks or
failure, and replacement.
    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 of this
NPRM.

FAA's Determination and Requirements of This Proposed AD

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

Explanation of ``RC'' Procedures and Tests in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which procedures and tests in the service information are
required for compliance with an AD. Differentiating these procedures
and tests from other tasks in the service information is expected to
improve an owner's/operator's understanding of crucial AD requirements
and help provide consistent judgment in AD compliance. The procedures
and tests identified as Required for Compliance (RC) in any service
information have a direct effect on detecting, preventing, resolving,
or eliminating an identified unsafe condition.
    As specified in a NOTE under the Accomplishment Instructions of the
specified Airbus service information, procedures and tests that are
identified as RC in any service information must be done to comply with
the proposed AD. However, procedures and tests that are not identified
as RC are recommended. Those procedures and tests that are not
identified as RC may be deviated from using accepted methods in
accordance with the operator's maintenance or inspection program
without obtaining approval of an alternative method of compliance
(AMOC), provided the procedures and tests identified as RC can be done
and the airplane can be put back in a serviceable condition. Any
substitutions or changes to procedures or tests identified as RC will
require approval of an AMOC.

Costs of Compliance

    We estimate that this proposed AD affects 922 airplanes of U.S.
registry.
    The actions required by AD 2014-14-06, Amendment 39-17901 (79 FR
42655, July 23, 2014), and retained in this proposed AD take about 3
work-hours per product, at an average labor rate of $85 per work-hour.
Based on these figures, the estimated cost of the actions that are
required by AD 2014-14-06 is $255 per inspection cycle per product (for
two engines).
    We also estimate that it would take about 10 work-hours per product
to comply with the basic requirements of this proposed AD, and 1 work-
hour per product to report inspection findings. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this proposed AD on U.S. operators to be $862,070, or $935 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 2 work-hours and require parts costing $10,000, for a cost
of $10,170 per product. We have no way of determining the number of
aircraft that might need these actions.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.

Authority for this Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with

promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2014-14-06, Amendment 39-17901 (79 FR 42655, July 23, 2014), and adding
the following new AD:

Airbus: Docket No. FAA-2015-3632; Directorate Identifier 2015-NM-
023-AD.

(a) Comments Due Date

    We must receive comments by November 2, 2015.

(b) Affected ADs

    This AD replaces AD 2014-14-06, Amendment 39-17901 (79 FR 42655,
July 23, 2014).

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Airbus Model A318-111 and -112 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, and -115 airplanes.
    (3) Airbus Model A320-211, -212, and -214 airplanes.
    (4) Airbus Model A321-111, -112, -211, -212, and -213 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by inspection results that have shown that
the main cause of crack initiation in the aft engine mount retainers
is the vibration dynamic effect that affects both retainers, either
with ``dull'' or ``bright'' surface finishes. We are issuing this AD
to detect and correct failure of retainer brackets of the aft engine
mount and consequent loss of the locking feature of the nuts of the
inner and outer pins; loss of the pins will result in the aft mount
engine link no longer being secured to the aft engine mount.

(f) Compliance

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

(g) Retained Inspection, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2014-14-06, Amendment 39-17901 (79 FR 42655, July 23, 2014), with no
changes. Within 3 months after August 27, 2014 (the effective date
of AD 2014-14-06): Do a detailed inspection of the aft engine mount
retainers for surface finish (dull or bright), and for cracks and
failure, in accordance with Section 4.2.2, ``Inspection
Requirements,'' of Airbus Alert Operators Transmission (AOT)
A71N001-12, Rev. 2, dated February 27, 2013, except as specified in
paragraph (h) of this AD.

(h) Retained Exception to Paragraph (g) of This AD, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2014-14-06, Amendment 39-17901 (79 FR 42655, July 23, 2014), with no
changes. The actions required by paragraph (g) of this AD are not
required to be done on airplanes with manufacturer serial numbers
4942 and higher, provided a review of maintenance records verifies
that no aft engine mount retainers have been replaced since first
flight of the airplane.

(i) Retained Repetitive Inspection and Retainer Replacement for Dull
Finish Retainers, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2014-14-06, Amendment 39-17901 (79 FR 42655, July 23, 2014), with no
changes. If, during the detailed inspection required by paragraph
(g) of this AD, any installed dull finish aft engine mount retainer
is found without cracks and not failed: Do the actions specified in
paragraphs (i)(1) and (i)(2) of this AD.
    (1) Within 25 flight cycles after doing the actions required by
paragraph (g) of this AD: Repeat the detailed inspection specified
in paragraph (g) of this AD.
    (2) Within 50 flight cycles after doing the first detailed
inspection specified in paragraph (g) of this AD: Replace all dull
finish retainers with new retainers, in accordance with Section
<IP_ADDRESS>, ``Replacement Procedure,'' of Airbus AOT A71N001-12, Rev.
2, dated February 27, 2013.

(j) Retained Replacement of Cracked or Failed Retainers, With No
Changes

    This paragraph restates the requirements of paragraph (j) of AD
2014-14-06, Amendment 39-17901 (79 FR 42655, July 23, 2014), with no
changes. If, during any detailed inspection specified in paragraph
(g) of this AD, any installed aft engine mount retainer is found
cracked or failed: Before further flight, replace all affected aft
engine mount retainers with new retainers, in accordance with
Section 4.2.3, ``Replacement Procedure,'' of Airbus AOT A71N001-12,
Rev. 2, dated February 27, 2013.

(k) Retained Parts Prohibition, With No Changes

    This paragraph restates the requirements of paragraph (k) of AD
2014-14-06, Amendment 39-17901 (79 FR 42655, July 23, 2014), with no
changes. As of August 27, 2014 (the effective date of AD 2014-14-
06), no person may install any aft engine mount retainer with a dull
finish on any airplane. The instructions of Airbus AOT A71N001-12,
Rev. 2, dated February 27, 2013; or the Accomplishment Instructions
of Goodrich Service Bulletin RA32071-146, Rev. 2, dated July 26,
2012; may be used to verify the correct finish of the part.

(l) Retained Credit for Previous Actions, With No Changes

    This paragraph restates the provisions of paragraph (l) of AD
2014-14-06, Amendment 39-17901 (79 FR 42655, July 23, 2014), with no
changes. This paragraph provides credit for actions required by
paragraphs (g), (i), and (j) of this AD, if those actions were
performed before August 27, 2014 (the effective date of AD 2014-14-
06) using Airbus AOT A71N001-12, Rev. 1, dated August 9, 2012, which
is not incorporated by reference in this AD.

(m) New Requirement of This AD: Repetitive Inspections

    At the latest of the applicable times specified in paragraphs
(m)(1), (m)(2), and (m)(3) of this AD: Do a detailed inspection for
damaged, cracked, broken, or missing aft engine mount retainers, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-71-1060, dated October 9, 2014; or Goodrich Service
Bulletin RA32071-160, dated September 18, 2014. Repeat the
inspection of the aft engine mount

retainers thereafter at intervals not to exceed 12 months.
    (1) Within 12 months since the date of issuance of the original
airworthiness certificate or the date of issuance of the original
export certificate of airworthiness.
    (2) Within 12 months after installation of new retainers.
    (3) Within 9 months after the effective date of this AD.

(n) New Requirement of This AD: Replacement of Retainers With Findings

    If, during any detailed inspection specified in paragraph (m) of
this AD, any installed aft engine mount retainer is found damaged,
cracked, broken, or missing: Before further flight, replace all
affected aft engine mount retainers with new retainers, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-71-1060, dated October 9, 2014.

(o) New Requirement of This AD: No Terminating Action

    Replacement of retainers on an airplane, as required by
paragraph (n) of this AD, does not constitute terminating action for
the repetitive inspections required by paragraph (m) of this AD for
that airplane.

(p) New Requirement of This AD: Required Reporting

    Submit a report of positive findings of any inspection required
by paragraph (m) of this AD to Airbus at the applicable time
specified in paragraph (p)(1) or (p)(2) of this AD. The report must
include the inspection results, a description of any discrepancies
found, the airplane serial number, and the number of landings and
flight hours on the airplane.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(q) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>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. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
    (4) Required for Compliance (RC): If any Airbus service
information contains procedures or tests that are identified as RC,
those procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified 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 procedures and tests identified as
RC can be done and the airplane can be put back in a serviceable
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(r) Special Flight Permits

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(s) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2015-
0021, dated February 13, 2015, for related information. This MCAI
may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2015-3632.
    (2) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) For Goodrich Aerostructures service information identified
in this AD, contact Goodrich Aerostructures, 850 Lagoon Drive, Chula
Vista, CA 91910-2098; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.goodrich.com/TechPubs.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on September 9, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-23328 Filed 9-16-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Rules and Regulations]
[Pages 62570-62572]
[FR Doc No: 2014-24917]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0916]
RIN 1625-AA87

Security Zone; Cruise Ship HAMBURG, Lake Michigan, Milwaukee, WI
and Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on
Lake Michigan in the vicinity of both Milwaukee Harbor in Milwaukee, WI
and Chicago Harbor in Chicago, IL within a 500-yard radius of the
Cruise Ship HAMBURG. This security zone is intended to restrict vessels
from a portion of Lake Michigan during the transit of the Cruise Ship
HAMBURG to and from Milwaukee, WI and Chicago, IL. This security zone
is necessary to protect the Cruise Ship HAMBURG and its occupants
during its transit to and from Milwaukee, WI, and Chicago, IL.

DATES: This rule is effective without actual notice from October 20,
2014 until October 31, 2014 at 12:01 a.m. For the purposes of
enforcement, actual notice will be used from the date the rule was
signed, October 1, 2014, until October 20, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0916. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact or email MST1 Joseph McCollum, U.S. Coast Guard Sector Lake
Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Cheryl Collins, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are

``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking with respect to this
rule because doing so would be impracticable and contrary to the public
interest.
    The final details for this event were not known to The Coast Guard
until there was insufficient time remaining before the event to publish
an NPRM. Thus, delaying the effective date of this rule to wait for a
notice and comment period to run would be impracticable and contrary to
the public interest because it would inhibit the Coast Guard's ability
to safeguard the occupants onboard the Cruise Ship HAMBURG and the ship
itself.
    Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The Cruise Ship HAMBURG is expected to arrive into the Port of
Milwaukee, Milwaukee, WI on October 1, 2014. Following the ship's
arrival to Milwaukee, the ship is expected to transit to the Port of
Chicago, Chicago, IL on October 2, 2014. Further, the ship is expected
to return to Lake Michigan and visit the Port of Milwaukee, WI and
Chicago, IL from October 11-27, 2014. Considering the number of
passengers aboard the Cruise Ship HAMBURG, the Captain of the Port Lake
Michigan has established this security zone to safeguard the occupants
of the ship, as well as the ship itself.
    The Coast Guard anticipates that the security zone created by this
temporary rule will not be in effect on each day between October 1,
2014 and October 4, 2014 and on each day between October 11, 2014 and
October 27, 2014. Considering the unpredictability surrounding the
exact transit times of the Cruise Ship, this rule was written with a
wider range of dates and times to give the Coast Guard flexibility to
accommodate changes in the Cruise Ship's schedule between October 1,
2014 and October 4, 2014 and between October 11, 2014 and October 27,
2014.

C. Discussion of the Final Rule

    The Captain of the Port Lake Michigan has determined that this
temporary security zone is necessary to ensure the safety of the Cruise
Ship HAMBURG and its occupants. This security zone will be effective
from 5 p.m. on October 1, 2014 until 12:01 a.m. on October 31, 2014 and
will be enforced intermittently with actual notice during this time.
This security zone will encompass all waters of Lake Michigan within a
500-yard radius of the Cruise Ship HAMBURG.
    Entry into, transiting, or anchoring within this security zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or a designated on-scene representative. The Captain of the Port or a
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The security zone created by this rule will be
small and enforced for a short duration. Under certain conditions,
moreover, vessels may still transit through the security zone when
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in the portion of Lake Michigan near Milwaukee,
Wisconsin and Chicago, Illinois affected by the enforcement of the 500
yard security zone.
    This security zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that
Order and determined that this rule does not have implications for
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a security zone
and, therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0916 to read as follows:

Sec.  165.T09-0916  Security Zone; Cruise Ship HAMBURG, Lake Michigan,
Milwaukee, WI and Chicago, IL.

    (a) Location. All waters of Lake Michigan within a 500-yard radius
of the Cruise Ship HAMBURG.
    (b) Effective and enforcement period. This rule is effective from 5
p.m. on October 1, 2014 until 12:01 a.m. on October 31, 2014. This rule
will be enforced intermittently with actual notice between October 1,
2014 and October 4, 2014 and between October 11, 2014 and October 27,
2014.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.33 of
this part, entry into this zone is prohibited, unless authorized by the
U.S. Coast Guard Captain of the Port Lake Michigan or an on-scene
representative. Other general requirements in Sec.  165.33 also apply.
    (2) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
her behalf.
    (3) Vessel operators desiring to enter or operate within the
security zone shall contact the Captain of the Port Lake Michigan or an
on-scene representative to obtain permission to do so. The Captain of
the Port Lake Michigan or her on-scene representative may be contacted
via VHF Channel 16. Vessel operators given permission to enter or
operate in the security zone must comply with all directions given to
them by the Captain of the Port Lake Michigan, or an on-scene
representative.

    Dated: October 1, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-24917 Filed 10-17-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Pages 19046-19047]
[FR Doc No: 2017-08246]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2017-0141; FRL-9960-36]

Certain New Chemicals or Significant New Uses; Statements of
Findings for February 2017

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Section 5(g) of the Toxic Substances Control Act (TSCA)
requires EPA to publish in the Federal Register a statement of its
findings after its review of TSCA section 5(a) notices when EPA makes a
finding that a new chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment. Such statements apply to premanufacture notices (PMNs),
microbial commercial activity notices (MCANs), and significant new use
notices (SNUNs) submitted to EPA under TSCA section 5. This document
presents statements of findings made by EPA on TSCA section 5(a)
notices during the period from January 1, 2017 to February 28, 2017.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Greg Schweer, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitters of the PMNs addressed in this
action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2017-0141, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This document lists the statements of findings made by EPA after
review of notices submitted under TSCA section 5(a) that certain new
chemical substances or significant new uses are not likely to present
an unreasonable risk of injury to health or the environment. This
document presents statements of findings made by EPA during the period
from January 1, 2017 to February 28, 2017.

III. What is the Agency's authority for taking this action?

    TSCA section 5(a)(3) requires EPA to review a TSCA section 5(a)
notice and make one of the following specific findings:
     The chemical substance or significant new use presents an
unreasonable risk of injury to health or the environment;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects of the
chemical substance or significant new use;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects and the
chemical substance or significant new use may present an unreasonable
risk of injury to health or the environment;
     The chemical substance is or will be produced in
substantial quantities, and such substance either enters or may
reasonably be anticipated to enter the environment in substantial
quantities or there is or may be significant or substantial human
exposure to the substance; or
     The chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment.
    Unreasonable risk findings must be made without consideration of
costs or other non-risk factors, including an unreasonable risk to a
potentially exposed or susceptible subpopulation identified as relevant
under the conditions of use. The term ``conditions of use'' is defined
in TSCA section 3 to mean ``the circumstances, as determined by the
Administrator, under which a chemical substance is intended, known, or
reasonably foreseen to be manufactured, processed, distributed in
commerce, used, or disposed of.''
    EPA is required under TSCA section 5(g) to publish in the Federal
Register a statement of its findings after its review of a TSCA section
5(a) notice when EPA makes a finding that a new chemical substance or
significant new use is not likely to present an unreasonable risk of
injury to health or the environment. Such statements apply to PMNs,
MCANs, and SNUNs sub mitted to EPA under TSCA section 5.
    Anyone who plans to manufacture (which includes import) a new
chemical substance for a non-exempt commercial purpose and any
manufacturer or processor wishing to engage in a use of

a chemical substance designated by EPA as a significant new use must
submit a notice to EPA at least 90 days before commencing manufacture
of the new chemical substance or before engaging in the significant new
use.
    The submitter of a notice to EPA for which EPA has made a finding
of ``not likely to present an unreasonable risk of injury to health or
the environment'' may commence manufacture of the chemical substance or
manufacture or processing for the significant new use notwithstanding
any remaining portion of the applicable review period.

IV. Statements of Administrator Findings Under TSCA Section 5(a)(3)(C)

    In this unit, EPA provides the following information (to the extent
that such information is not claimed as Confidential Business
Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this
period, EPA has made findings under TSCA section 5(a)(3)(C) that the
new chemical substances or significant new uses are not likely to
present an unreasonable risk of injury to health or the environment:
     EPA case number assigned to the TSCA section 5(a) notice.
     Chemical identity (generic name, if the specific name is
claimed as CBI).
     Web site link to EPA's decision document describing the
basis of the ``not likely to present an unreasonable risk'' finding
made by EPA under TSCA section 5(a)(3)(C).
    EPA Case Number: J-17-0001-0005; Chemical identity: Saccharomyces
cerevisiae modified (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-40.
    EPA Case Number: J-17-0006; Chemical identity: Saccharomyces
cerevisiae modified (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-42.
    EPA Case Number: P-17-0144; Chemical identity: Amines, C36-
alkylenedi-, polymers with octahydro-4,7-methano-1H-indenedimethanamine
and pyromellitic dianhydride, maleated (CASRN: 2020378-57-6); Web site
link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-41.
    EPA Case Number: P-17-0158; Chemical identity: Perylene bisimide
(generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-43.
    EPA Case Number: P-17-0160; Chemical identity: 2-Propenoic acid,
alkyl-, alkyl ester, polymer with alkyl 2-propenoate, dialkyloxoalkyl-
2-propenamide and alkyl 2-propenoate (generic name); Web site link:
https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-44.
    EPA Case Number: P-17-0161; Chemical identity: 2-Propenoic acid,
alkyl-, alkyl ester, polymer with alkyl 2-propenoate, dialkyloxoalkyl-
2-propenamide, ethenylbenzene and alkyl 2-propenoate (generic name);
Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-44.
    EPA Case Number: P-17-0182; Chemical identity: Alkyldioic acid,
polymer with 2,2-dimethyl-1,3-propanediol, heteropolycyclic carboxy
acid anhydride and 1,3-propanediol (generic name); Web site link:
https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-45.
    EPA Case Number: P-17-0185; Chemical identity: Fatty acids, C18-
unsatd., dimers, hydrogenated, polymers with C18-unsatd. fatty acid
trimers, alkylenediamine and hydroxyalkanoic acid (generic name); Web
site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-46.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: March 29, 2017.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 2017-08246 Filed 4-24-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Proposed Rules]
[Page 54944-54945]
[DOCID:fr26oc09-15]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 151

46 CFR Part 162

[USCG-2001-10486]
RIN 1625-AA32

Standards for Living Organisms in Ships' Ballast Water Discharged
in U.S. Waters

AGENCY: Coast Guard, DHS.

ACTION: Notice of public meetings; request for comments; correction.

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

SUMMARY: The Coast Guard is issuing a correction to an earlier notice
that published in the Federal Register on Thursday, October 22, 2009,
in order to correct the location of the Oakland, CA, public meeting
listed in that earlier notice. The public meetings will be held by the
Coast Guard (USCG) regarding the Notice of Proposed Rulemaking (NPRM)
entitled ``Standards for Living Organisms in Ships' Ballast Water
Discharged in U.S. Waters'' that published in the Federal Register on
Friday, August 28, 2009. For the Oakland, CA meeting, our earlier
notice incorrectly listed the Marriott Oakland City Center, 1001
Broadway, Oakland, CA 94607. The correct location for the Oakland
public meeting is the Hilton Oakland Airport, One Hegenberger Road,
Oakland, CA 94621.

DATES: Public meetings will be held in the Oakland, CA (October 27,
2009) and New York, NY (October 29, 2009) areas to provide
opportunities for oral comments. The comment period for the NPRM closes
on December 4, 2009. All comments and related material submitted after
a meeting must either be submitted to our online docket via http://
www.regulations.gov on or before December 4, 2009 or reach the Docket
Management Facility by that date.

ADDRESSES: The public meetings will be held at the Hilton Oakland
Airport, One Hegenberger Road, Oakland, CA 94621,

on October 27, 2009, and the Marriott New York Downtown, 85 West Street
at Albany Street, New York, NY 10006, on October 29, 2009.
    All meetings will be held from 9 a.m. until 4 p.m. local time
unless otherwise noted. The meetings may conclude before the allotted
time if all matters of discussion have been addressed.
    You may submit written comments identified by docket number USCG-
2001-10486 before or after the meeting using any one of the following
methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
Our online docket for this rulemaking is available on the Internet at
http://www.regulations.gov under docket number USCG-2001-10486.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rulemaking, call or e-mail Mr. John Morris, Project Manager,
Environmental Standards Division, U.S. Coast Guard Headquarters,
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Ms.
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION: The Coast Guard published a Notice of
Proposed Rulemaking (NPRM) in the Federal Register on Friday, August
28, 2009 (74 FR 44632), entitled ``Standards for Living Organisms in
Ships' Ballast Water Discharged in U.S. Waters.'' In it, we stated our
intention to hold public meetings, and to publish a notice with
additional details regarding those public meetings as soon as the
information was available (74 FR 44632).
    On Monday, September 14, 2009, we published a Notice of Public
Meeting to inform the public of the date for each public meeting, as
well as the city in which those meetings will be held (74 FR 46964).
That notice also stated that additional notice(s) would be published in
the Federal Register as specific locations and details for these
meetings were finalized.
    On Tuesday, September 22, 2009, we published a Notice of Public
Meeting with the specific locations and details for the first two of
the six public meetings (74 FR 48190). Then, on Monday, September 28,
2009, we published a Notice of Public Meeting providing the same
information for the second two public meetings and restating the
details for the first two public meetings (74 FR 49355). This notice
provides those details for the final two public meetings.
    On Thursday, October 15, 2009, we published a Notice to extend the
periods of public comment on the Notice of Proposed Rulemaking (NPRM)
and the Draft Programmatic Environmental Impact Statement (DPEIS) to
December 4, 2009 (74 FR 52941). On Thursday, October 22, 2009, we
published a Notice of Public Meetings with locations and details for
the Oakland, CA and New York, NY public meetings (74 FR 54533).
    The location for the Oakland, CA meeting listed in the October 22,
2009 notice was incorrect. The October 27, 2009 meeting will be held at
the Hilton Oakland Airport, One Hegenberger Road, Oakland, CA 94621.
The phone number for the location is<PHONE_NUMBER>.
    The October 29, 2009 meeting will be held at the Marriott New York
Downtown, 85 West Street at Albany Street, New York, NY 10006. The
phone number for the location is<PHONE_NUMBER>.
    Live Webcasts (audio and video) of the public meetings will also be
broadcast online at http://ballastwater.us/.
    Written comments and related material may also be submitted to
Coast Guard personnel specified at those meetings for inclusion in the
official docket for this rulemaking.

Information on Service for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meetings,
contact Mr. John Morris at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.

    Dated: October 22, 2009.
Mark W. Skolnicki,
Acting Chief, Office of Regulations and Administrative Law, U.S. Coast
Guard.
[FR Doc. E9-25807 Filed 10-22-09; 4:15 pm]

BILLING CODE 4910-15-P


[Federal Register: June 7, 2007 (Volume 72, Number 109)]
[CORRECTIONS]
[Page 31660]
[DOCID:fr07jn07-150]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55770; File No. SR-NSCC-2007-05]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Its Ability To Receive Transaction Data From
Trade Reporting Facilities That Are Facilities of a Self-Regulatory
Organization

Correction

    In notice document E7-9762 beginning on page 28752 in the issue of
Tuesday, May 22, 2007, make the following correction:
    On page 28753, in the second column, in eighth line from the bottom
of the document, ``June 11, 2007'' should read `` June 12, 2007''.

[FR Doc. Z7-9762 Filed 6-6-07; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Notices]
[Pages 68769-68770]
[FR Doc No: 2011-28722]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Bridging the Idea Development Evaluation Assessment and Long-Term
Initiative and Total Product Life Cycle Approaches for Evidence
Development for Surgical Medical Devices and Procedures; Public
Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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

    The Food and Drug Administration (FDA) is announcing a public
workshop entitled ``Bridging the IDEAL and TPLC Approaches for Evidence
Development for Surgical Medical Devices and Procedures.'' The purpose
of the public workshop is to provide a forum for discussion among FDA,
governmental agencies, academia, physicians, and various stakeholders
to further refine and advance the Idea Development Evaluation
Assessment and Long-Term (IDEAL) initiative and Total Product Life
Cycle (TPLC) frameworks related to evidence generation and evaluation
for surgical devices and procedures.
    Date and Time: The meeting will be held on December 2, 2011, from 8
a.m. to 5:30 p.m. Participants are encouraged to arrive early to ensure
time for parking and security screening before the meeting. Submit
electronic and written comments by January 6, 2012.
    Location: The public workshop will be held at the FDA White Oak
Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great
Room (rm. 1503), Silver Spring, MD 20993-0002. Entrance for the public
meeting participants (non-FDA employees) is through Bldg. 1 where
routine security check procedures will be performed. For parking and
security information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    Contact Persons: Samantha Jacobs, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, rm. 4113, Silver Spring, MD 20993,<PHONE_NUMBER>,
email<EMAIL_ADDRESS>or Danica Marinac-Dabic, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, rm. 4113, Silver Spring, MD 20993, (301)
796-6689, email<EMAIL_ADDRESS>    Registration: There is no fee to attend the public workshop, but
attendees must register in advance. Registration will be on a first-
come, first-served basis. Persons interested in attending this workshop
must register online at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/ by November 25, 2011. Non-U.S. citizens are
subject to additional security screening, and they should register as
soon as possible. For those without Internet access, please call the
contact person to register. Onsite registration is not available.
    If you need special accommodations due to a disability, please
contact Susan Monahan at<EMAIL_ADDRESS>at least 7 days in
advance.
    Comments: Regardless of attendance at the public workshop,
interested persons may submit either electronic or written comments
until January 6, 2012. Submit electronic comments to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. It is only necessary to send one set of
comments. It is no longer necessary to send two copies of mailed
comments. Identify comments with the docket number found in brackets in
the heading of this document. In addition, when responding to specific
topics as outlined in section III of this document, please identify the
topic you are addressing. Received comments may be seen in the Division
of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

SUPPLEMENTARY INFORMATION:

I. Why are we holding this public workshop?

    The purpose of the public workshop is to facilitate discussion
among FDA, governmental agencies, academia, clinicians, and the key
stakeholders in the scientific community on issues related to evidence
generation and evaluation for surgical devices and procedures. Based on
complementary methodological frameworks of the IDEAL and TPLC
initiatives, more comprehensive and applicable models and methodologies
will be developed.

II. Who is the target audience for this public workshop? Who should
attend this public workshop?

    This workshop is open to all interested parties. The target
audience is comprised of professionals in the scientific community
interested in advancing the infrastructure and methodology for
evaluating surgical devices and procedures.

III. What are the topics we intend to address at the public workshop?

    We intend to discuss a large number of issues at the workshop,
including, but not limited to, the following:
     The IDEAL and the FDA TPLC approach for evaluation of new
medical devices, surgical operations, and invasive medical procedures;
     Unique study designs and reporting methods for evaluation
of medical devices and surgeries;
     Innovative methodologies and scientific infrastructure to
promote innovation;
     The role of registries and observational studies during
device life cycle; and
     Integrating innovation, evaluation, and dissemination
pathways for medical devices, surgical operations, and invasive medical
procedures.

IV. Where can I find out more about this public workshop?

    Background information on the public workshop, registration
information, the agenda, information about lodging, and other relevant
information will be posted, as it becomes available, on the Internet at
http://www.fda.gov/cdrh/meetings.html.
    Transcripts: Please be advised that as soon as a transcript is
available, it will

be accessible at http://www.regulations.gov. It may be viewed at the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD. A transcript will also be
available in either hardcopy or on CD-ROM, after submission of a
Freedom of Information request. Written requests are to be sent to the
Division of Freedom of Information (ELEM-1029), Food and Drug
Administration, 12420 Parklawn Dr., Element Bldg., Rockville, MD 20857.

    Dated: November 1, 2011.
Leslie Kux,
 Acting Assistant Commissioner for Policy.
[FR Doc. 2011-28722 Filed 11-4-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Pages 20481-20484]
[FR Doc No: 2022-07344]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94577; File No. SR-NSCC-2022-002]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of a Proposed
Rule Change To Make Certain Changes to Rule 52 to Support Processing of
Interval Fund Repurchase Orders, Remove Underwriting Tender Offer
Provisions and Make Certain Other Clarifications

April 1, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 24, 2022, National Securities Clearing Corporation (``NSCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared by the clearing agency. NSCC filed the
proposed rule change pursuant to Section 19(b)(3)(A) \3\ of the Act and
subparagraph (f)(4) \4\ of Rule 19b-4 thereunder. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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

    (a) The proposed rule change of National Securities Clearing
Corporation (``NSCC'') is annexed hereto as Exhibit

5 and consists of modifications to Rule 52 of the NSCC's Rules &
Procedures (the ``Rules'') \5\ to (i) make certain changes to support
processing of interval fund repurchase orders, (ii) remove the
underwriting/tender offer provisions which are no longer in use and
(iii) re-number Rule 52 and make certain other clarifications. The
proposed changes are described in greater detail below.
---------------------------------------------------------------------------

    \5\ Capitalized terms not defined herein are defined in the
Rules, available at https://dtcc.com/~/media/Files/Downloads/legal/
rules/nscc_rules.pdf.
---------------------------------------------------------------------------

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

    In its filing with the Commission, the clearing agency 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 clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

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

1. Purpose
    The proposed rule change consists of modifications to Rule 52 of
the Rules \6\ to (i) make certain changes to support processing of
interval fund repurchase orders, (ii) remove the underwriting/tender
offer provisions which are no longer in use and (iii) re-number Rule 52
and make certain other clarifications. The proposed changes are
described in greater detail below.
---------------------------------------------------------------------------

    \6\ Rule 52, id.
---------------------------------------------------------------------------

(i) Interval Fund Repurchase Orders
    NSCC is proposing to enhance Rule 52 to support processing of
future-dated interval fund repurchase orders by allowing NSCC Members
\7\ to submit orders prior to the day the order is intended to take
place (``Trade Date'').
---------------------------------------------------------------------------

    \7\ For purposes of this filing, ``NSCC Members'' shall mean
Members and Limited Members.
---------------------------------------------------------------------------

Interval Funds
    Interval funds are closed-end funds that periodically offer to
repurchase shares from their shareholders in compliance with Rule 23c-3
under the Investment Company Act of 1940.\8\ Interval funds make
periodic offers to buy back shares from shareholders as disclosed in
the fund's prospectus and annual shareholder reports. Each offer will
specify the repurchase period (start and end dates) during which the
fund will accept shareholder repurchase requests to sell their shares
back to the fund. The repurchase occurs on the last day of the
repurchase period, or a later specified Trade Date.
---------------------------------------------------------------------------

    \8\ 17 CFR 270.23c-3.
---------------------------------------------------------------------------

Fund/SERV[supreg] Order Processing
    NSCC Members can submit interval fund repurchase orders on behalf
of shareholders to the Fund Members using Fund/SERV. Fund/SERV is an
NSCC service described in Rule 52 that provides for processing and
settling of Fund/SERV Eligible Funds,\9\ which include certain mutual
fund, bank collective fund and other pooled investment product
transactions between fund companies, including interval funds, and
their distributors.\10\
---------------------------------------------------------------------------

    \9\ Fund/SERV Eligible Fund is defined as a fund or other pooled
investment entity included in the list for which provision is made
in Section 1.(c) of Rule 3. Definition of Fund/SERV Eligible Fund,
Rule 1, supra note 5.
    \10\ See Part A of Rule 52, supra note 5.
---------------------------------------------------------------------------

    Currently, Fund/SERV does not allow NSCC Members to submit interval
fund repurchase orders prior to the Trade Date. Fund/SERV currently
allows NSCC Members to submit repurchase orders for interval funds that
are Fund/SERV Eligible Funds by submitting a repurchase order on the
Trade Date, or to the extent established by each Fund Member, any day
thereafter (referred to as ``As-Of'' orders).\11\
---------------------------------------------------------------------------

    \11\ Part A, Section 2 of Rule 52, supra note 5.
---------------------------------------------------------------------------

    In 2018, the Broker Dealer Advisory Committee of the Investment
Company Institute formed an Interval Funds Task Force (``IFTF'') \12\
to explore opportunities to improve interval fund operational
efficiencies and reduce operating risk. The IFTF memorialized the
operational challenges of interval funds in a series of
whitepapers.\13\ One of the challenges that the IFTF identified with
respect to interval funds was the inability of funds to submit
repurchase orders prior to the Trade Date through Fund/SERV.
---------------------------------------------------------------------------

    \12\ The Investment Company Institute is a trade association
representing mutual funds, exchange-traded funds, closed-end funds
and unit investment trusts. See https://www.ici.org. The members of
the IFTF include fund companies offering interval funds,
intermediaries, services providers and The Depository Trust &
Clearing Corporation, NSCC's holding company.
    \13\ See Interval Funds: Operational Challenges and the
Industry's Way Forward (ici.org) and Consider This: Interval Fund
Operational Practices (ici.org).
---------------------------------------------------------------------------

    Since NSCC Members are unable to submit the repurchase orders
through Fund/SERV until the Trade Date, they must currently track all
of the repurchase orders manually on their books until the applicable
Trade Date. There is operational risk involved with holding these
orders, rather than delivering them when received, including a risk
that the NSCC Member holding the order fails to submit the order on the
Trade Date. Likewise, interval fund providers would like to be informed
of these orders as soon as possible, to help them understand liquidity
demands and anticipate whether they may need to prorate repurchase
activity and to provide more time to correct an order if it contains
incorrect information. Therefore, there is an appreciable benefit to
interval funds, shareholders, and intermediaries to improve the
straight through processing capabilities for interval fund repurchases
through Fund/SERV. NSCC is proposing to allow NSCC Members to submit
orders prior to the Trade Date to support submission of interval fund
repurchase orders. Such orders would be submitted prior to the Trade
Date but dated as of the Trade Date.
    NSCC is also proposing to amend the Rules to provide for an
acknowledgment process by NSCC Members relating to interval fund
repurchase orders. Currently, the Rules provide that NSCC Members may
only confirm or reject orders \14\ or accept, confirm or reject
corrections of orders.\15\ In order to provide NSCC Members confidence
that their repurchase orders have been received, NSCC is proposing to
allow NSCC Members that receive interval fund repurchase orders to
acknowledge orders and corrections relating to interval fund repurchase
orders, in addition to confirming and rejecting such orders or
corrections.
---------------------------------------------------------------------------

    \14\ See Part A, Section 4 of Rule 52, supra note 5.
    \15\ See Part A, Section 8 of Rule 52, supra note 5.
---------------------------------------------------------------------------

    NSCC is also proposing to extend the confirmation deadline to
accommodate interval fund repurchase orders that are submitted prior to
the Trade Date. Currently NSCC provides that if any orders are not
confirmed or rejected within a certain time period established by NSCC
from time to time (``Confirmation Deadline'') such orders will be
deleted from the system.\16\ NSCC has established that the Confirmation
Deadline is 10 business days after the submission date. Since the
submission date is currently on or after the Trade Date, the
Confirmation Deadline is always at least 10 business days after the
Trade Date. To accommodate repurchase orders that are submitted prior
to the Trade Date, the acknowledgement process will provide that if an
interval fund repurchase order with a future Trade Date is acknowledged
prior to the Confirmation

Deadline, the Confirmation Deadline will be extended to 10 business
days after the Trade Date and the order will remain in the system until
the extended Confirmation Deadline, provided the order was not
previously confirmed or rejected. Therefore, as with other orders, the
Confirmation Deadline would remain at least 10 business days after the
Trade Date for such interval fund repurchase orders.
---------------------------------------------------------------------------

    \16\ See Part A, Section 4 of Rule 52, supra note 5.
Confirmation Deadline is not a defined term in the Rules and is
being defined in this filing for ease of reference.
---------------------------------------------------------------------------

(ii) Removal of Underwriting/Tender Offer Provisions
    In 1990 NSCC added provisions to Fund/SERV intended to support the
processing of orders relating to mutual fund underwritings and tender
offers (the ``Underwriting/Tender Offer Provisions'').\17\ The
provisions were intended to provide for automated processing of certain
processes that were specific to underwritings and tender offers.\18\
Previous to the addition, certain processes required manual
intervention due to the extended settlement timeframe and ability to
withdraw orders in underwritings and tender offers.\19\ Forms and
system developments were made to support the use of Underwriting/Tender
Offer Provisions, and certain NSCC Members used the underwriting/tender
offer functionality after it was implemented.
---------------------------------------------------------------------------

    \17\ See Securities Exchange Release No. 28456 (September 20,
1990) (SR-NSCC-90-14), 55 FR 40028 (October 1, 1990). See also Part
A, Section 17 of Rule 52, supra note 5.
    \18\ Id.
    \19\ Id.
---------------------------------------------------------------------------

    Over the years, however, NSCC Members began using the underwriting/
tender offer functionality less and less. NSCC believes that this is
likely due to enhancements to the non-underwriting/tender offer order
functionality of Fund/SERV that reduced the need for the underwriting/
tender offer functionality, NSCC Members becoming more familiar with
the non-underwriting/tender offer functionality of Fund/SERV and
finding that the non-underwriting/tender offer functionality of Fund/
SERV is sufficient to process the orders relating to underwritings and
tender offers. NSCC Members have not used the underwriting/tender offer
functionality for over a decade and NSCC no longer provides online
forms to support the full functionality due to lack of NSCC Member use
of the functionality and costs to maintain the functionality. Given
that the interval fund repurchase process is similar in some respects
to the offer process for underwritings and tender offers, NSCC
considered updating the underwriting/tender offer functionality to
support interval fund repurchase orders. NSCC decided, however, that it
would be more efficient to update the non-underwriting/tender offer
order functionality of Fund/SERV to support interval fund repurchases
as proposed in this filing rather than to overhaul the Underwriting/
Tender Offer Provisions and the underwriting/tender offer
functionality.
    Since the Underwriting/Tender Offer Provisions are no longer being
used by NSCC Members and NSCC does not believe that the Underwriting/
Tender Offer Provisions will be used by NSCC Members in the future,
NSCC is proposing to remove the Underwriting/Tender Offer Provisions
from the Rules.
(iii) Clarifications
    In order to improve readability of Rule 52, NSCC is proposing to
re-number and make certain other clarifications to Rule 52.
    Certain section numbers in Rule 52 are reserved for future use and
NSCC is proposing to remove those placeholders and renumber the
existing sections.
    In addition, Part A, Section 11(a) of Rule 52 currently provides
that certain orders and money only related charges will settle in
accordance with the time frames as established by NSCC from time to
time, or in such extended or shortened time frame as established by
agreement of the submitting parties; provided, that such modified time
frame shall be no shorter than T (the trade date) and longer than
T+7.\20\ The provision relating to the time frame being no longer than
T+7 is a legacy provision that is no longer applicable or necessary.
Historically, NSCC's technology on its platform did not allow for the
settlement timeframe to be longer than T+7. Such technology restriction
no longer exists. As such, NSCC is proposing to delete the provision
that the time frame as modified by the submitting parties may be no
longer than T+7.
---------------------------------------------------------------------------

    \20\ See Part A, Section 11(a) of Rule 52, supra note 5.
---------------------------------------------------------------------------

(iv) Proposed Rule Changes
    NSCC is proposing to amend Part A, Section 2 of Rule 52 to provide
that orders may be submitted prior to the Trade Date to support the
processing of interval fund repurchase orders. NSCC is also proposing
to amend Part A, Sections 4 and 8 of Rule 52 to provide for the
acknowledgment of interval fund repurchase orders and corrections as
described above.
    NSCC is proposing to delete the Underwriting/Tender Offer
Provisions in Part A, Section 17 of Rule 52 and delete a reference to
Part A, Section 17 currently in Part A, Section 16 of Rule 52. NSCC is
also proposing to delete a number of section number references in Rule
52 that are currently reserved for future use and renumber the existing
section numbers to reflect the deletion of such section numbers and the
deletion of the Underwriting/Tender Offer Provisions. NSCC is also
proposing to delete the phrase ``and no longer than T+7'' in Part A,
Section 11(a) of Rule 52 as such legacy phrase is no longer applicable
or necessary.
(v) Implementation
    NSCC expects to implement the proposed rule changes on March 28,
2022. As proposed, a legend would be added to Rule 52 stating there are
changes that became effective upon filing with the Commission but have
not yet been implemented. The proposed legend would also indicate that
the proposed rule change would be implemented on March 28, 2022,
indicate the file number of this proposal, and indicate that once this
proposal is implemented the legend would automatically be removed.
2. Statutory Basis
    NSCC believes that the proposal is consistent with the requirements
of the Securities Exchange Act of 1934 (``Act'') and the rules and
regulations thereunder applicable to a registered clearing agency. In
particular, NSCC believes that the proposed rule changes are consistent
with Section 17A(b)(3)(F) of the Act \21\ and Rule 17Ad-22(e)(21)
promulgated under the Act.\22\
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78q-1(b)(3)(F).
    \22\ 17 CFR 240.17Ad-22(e)(21).
---------------------------------------------------------------------------

    Section 17A(b)(3)(F) of the Act,\23\ requires, in part, that the
Rules be designed to promote the prompt and accurate clearance and
settlement of securities transactions. The proposed changes to support
interval fund repurchase orders are consistent with this provision
because such changes would enhance the ability of NSCC Members to
process interval fund repurchase orders. Providing a more efficient and
streamlined process with respect to placing, acknowledging and settling
interval fund repurchase orders would promote the prompt and accurate
clearance and settlement of securities transactions by NSCC consistent
with Section 17A(b)(3)(F) of the Act.\24\
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78q-1(b)(3)(F).
    \24\ Id.
---------------------------------------------------------------------------

    The removal of the Underwriting/Tender Offer Provisions, the
deletion of the section numbers in Rule 52 that are reserved for future
use, the renumbering in Rule 52 described above and the removal of the
phrase ``and no longer

than T+7'' in Part A of Section 11(a) are also consistent with this
provision because the proposed changes would enhance clarity and
transparency for participants with respect to services offered by NSCC
allowing NSCC Members to have a better understanding of the Rules
relating to Mutual Fund Services. Having clear and accurate Rules would
help NSCC Members to better understand their rights and obligations
regarding NSCC's services. NSCC believes that when NSCC Members better
understand their rights and obligations regarding NSCC's services, they
can act in accordance with the Rules. NSCC believes that better
enabling NSCC Members to comply with the Rules would promote the prompt
and accurate clearance and settlement of securities transactions by
NSCC consistent with Section 17A(b)(3)(F) of the Act.\25\
---------------------------------------------------------------------------

    \25\ Id.
---------------------------------------------------------------------------

    In addition, the proposed rule change is designed to comply with
Rule 17Ad 22(e)(21) promulgated under the Act.\26\ Rule 17Ad-22(e)(21)
under the Act requires NSCC to, inter alia, establish, implement,
maintain and enforce written policies and procedures reasonably
designed to be efficient and effective in meeting the requirements of
its participants and the markets it serves. The proposed rule change
would enhance the ability of NSCC Members to process interval fund
repurchase orders providing a more efficient and streamlined process
with respect to placing, acknowledging and settling interval fund
repurchase orders. Therefore, by establishing a more efficient and
effective process for NSCC Members to process interval fund repurchase
orders, NSCC believes that the proposed change is consistent with the
requirements of Rule 17Ad-22(e)(21), promulgated under the Act.\27\
---------------------------------------------------------------------------

    \26\ 17 CFR 240.17Ad-22(e)(21).
    \27\ Id.
---------------------------------------------------------------------------

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

    NSCC does not believe that the proposed changes would have an
adverse impact, or impose a burden, on competition. These proposed
changes would improve the ability of NSCC Members to process interval
fund repurchase orders and enhance the clarity and transparency of the
Rules and would not be adding any obligations on NSCC Members that are
using NSCC's services. As such, the proposed changes would not impede
any NSCC Members from engaging in the services or have an adverse
impact on any NSCC Members. Moreover, the proposed changes may promote
competition because the proposed changes would provide NSCC Members a
more efficient method of processing interval fund repurchase orders.

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

    NSCC has not received or solicited any written comments relating to
this proposal. If any written comments are received, they will be
publicly filed as an Exhibit 2 to this filing, as required by Form 19b-
4 and the General Instructions thereto.
    Persons submitting comments are cautioned that, according to
Section IV (Solicitation of Comments) of the Exhibit 1A in the General
Instructions to Form 19b-4, the Commission does not edit personal
identifying information from comment submissions. Commenters should
submit only information that they wish to make available publicly,
including their name, email address, and any other identifying
information.
    All prospective commenters should follow the Commission's
instructions on how to submit comments, available at https://www.sec.gov/regulatory-actions/how-to-submit-comments. General
questions regarding the rule filing process or logistical questions
regarding this filing should be directed to the Main Office of the
Commission's Division of Trading and Markets at
[email protected] or<PHONE_NUMBER>.
    NSCC reserves the right not to respond to any comments received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \28\ of the Act and paragraph (f) \29\ of Rule 19b-4
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.
---------------------------------------------------------------------------

    \28\ 15 U.S.C 78s(b)(3)(A).
    \29\ 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-NSCC-2022-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2022-002. 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 NSCC and on DTCC's website
(https://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NSCC-2022-002 and should be submitted on
or before April 28, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-07344 Filed 4-6-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76015-76016]
[FR Doc No: 2012-30995]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC13-7-000]

Commission Information Collection Activities (FERC-607); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3506(c)(2)(A), the Federal Energy Regulatory
Commission (Commission or FERC) is soliciting public comment on the
currently approved information collection, FERC-607: Report on Decision
or Action on Request for Federal Authorization.

DATES: Comments on the collection of information are due February 25,
2013.

ADDRESSES: You may submit comments (identified by Docket No. IC13-7-
000) by either of the following methods:
     eFiling at Commission's Web Site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission,

Secretary of the Commission, 888 First Street NE., Washington, DC
20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION: Title: FERC-607: Report on Decision or
Action on Request for Federal Authorization.
    OMB Control No.:1902-0240.
    Type of Request: Three-year extension of the FERC-607 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The FERC-607 information collection requires agencies
(Federal agency or officer, or State agency or officer acting pursuant
to delegated Federal authority, responsible for a Federal
authorization) to submit to the Commission a copy of a decision or
action on a request for Federal authorization and an accompanying index
to the documents and materials relied on in reaching a conclusion. The
Commission authorizes the construction and operation of proposed
natural gas projects under Natural Gas Act Sections 3 and 7; however,
the Commission does not have jurisdiction over every aspect of each
natural gas project. Hence, for a natural gas project to go forward, in
addition to Commission approval, several different agencies must
typically reach favorable findings regarding other aspects of the
project. The Energy Policy Act of 2005 (EPAct 2005) modified FERC's
role in order to better coordinate the activities of the separate
agencies with varying responsibilities over proposed natural gas
projects. Section 313 of EPAct 2005 \1\ directs FERC to compile a
record of each agency's decision along with the record of the
Commission's decision. The Commission compiles this record in order to
serve as a consolidated record for the purpose of appeal or review
(including judicial review).
---------------------------------------------------------------------------

    \1\ Amended 15 USC 717n (Section 15)
---------------------------------------------------------------------------

    Estimate of Annual Burden\2\: The Commission estimates the total
Public Reporting Burden for this information collection as:
---------------------------------------------------------------------------

    \2\ The Commission defines burden as 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. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.

            FERC-607 (IC13-7-000): Report on Decision or Action on Request for Federal Authorization
----------------------------------------------------------------------------------------------------------------
                                             Number of                                                Estimated
                         Number of         responses per      Total number of     Average burden    total annual
                        respondents         respondent           responses      hours per response     burden
                                 (A)                 (B)           (A)x(B)=(C)               (D)    (C)x(D)
----------------------------------------------------------------------------------------------------------------
     Natural Gas                   1                   1                   1                   6         6
        Pipelines
----------------------------------------------------------------------------------------------------------------

    The total estimated annual cost burden to respondents is $414.06 [6
hours / 2080 hours/year \3\ * $143,540/year \4\ = $414.06]
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    \3\ 2080 hours = 52 weeks * 40 hours per week (i.e. 1 year of
full-time employment)
    \4\ Average salary plus benefits per full-time equivalent
employee
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    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: December 19, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-30995 Filed 12-21-12; 4:15 pm]
BILLING CODE 6717-01-P