[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Proposed Rules]
[Pages 58226-58229]
[FR Doc No: 2015-24423]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3635; Directorate Identifier 2015-NM-037-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 adopt a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This proposed
AD was prompted by an evaluation by the design approval holder (DAH)
indicating that the fuselage skin repairs are subject to widespread
fatigue damage (WFD). This proposed AD would require an inspection to
determine whether any fuselage external skin (doubler) repairs have
been accomplished, an inspection for cracking of certain repaired
external fuselage skin areas in the fuselage, and repair if necessary.
We are proposing this AD to detect and correct fatigue cracking of the
fuselage skin, which could result in reduced structural integrity of
the airplane.

DATES: We must receive comments on this proposed AD by November 12,
2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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 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. 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-
3635; 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-2015-3635;
Directorate Identifier 2015-NM-037-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

    Structural fatigue damage is progressive. It begins as minute
cracks, and those cracks grow under the action of repeated stresses.
This can happen because of normal operational conditions and design
attributes, or because of isolated situations or incidents such as
material defects, poor fabrication quality, or corrosion pits, dings,
or scratches. Fatigue damage can occur locally, in small areas or
structural design details, or globally.

Global fatigue damage is general degradation of large areas of
structure with similar structural details and stress levels. Multiple-
site damage is global damage that occurs in a large structural element
such as a single rivet line of a lap splice joining two large skin
panels. Global damage can also occur in multiple elements such as
adjacent frames or stringers. Multiple-site-damage and multiple-
element-damage cracks are typically too small initially to be reliably
detected with normal inspection methods. Without intervention, these
cracks will grow, and eventually compromise the structural integrity of
the airplane, in a condition known as widespread fatigue damage (WFD).
As an airplane ages, WFD will likely occur, and will certainly occur if
the airplane is operated long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0036R1, dated March 31, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on all Model A318, A319,
A320, and A321 series airplanes. The MCAI states:

    During A320 family Extended Service Goal full scale fatigue
tests, it was demonstrated that the inspection thresholds defined in
the current Structural Repair Manual (SRM) for the A320 family skin
repairs are insufficient to detect possible cracks becoming after
repairs. The findings are limited to 1.2 [millimeter] (mm) fuselage
skin and cover for all cut-out external repairs. The internal
repairs are not affected.
    This condition, if not detected and corrected, could affect the
structural integrity of the fuselage at the repaired skin area(s).
    To address this potential unsafe condition, Airbus issued Alert
Operators Transmission (AOT) A53N007-14 to provide inspection
instructions.
    For the reasons described above, EASA issued AD 2015-0036
[http://www.casa.gov.au/scripts/nc.dll?WCMS:OLDASSET::svPath=/ADFiles/over/a320/,svFileName=2015-0036.pdf] to require a one-time
inspection of the affected areas and, depending on findings,
accomplishment of applicable repair instructions.
    Since that AD was issued, operators have questioned the
inspection threshold for A318 aeroplanes (not yet in the Airbus
AOT), which is actually identical to that for A319 aeroplanes. In
addition, an error has been detected in paragraph (1), since
external doublers may have been installed in the affected area by a
modification that may not be recorded as repair.
    Such doubler installations are also subject to the inspection
requirements of this AD, which is therefore revised to provide
clarifications, correcting paragraph (1) and introducing a Note.

    Required actions include an inspection to determine whether any
fuselage external skin (doubler) repairs have been accomplished, an
external ultrasonic inspection or an internal low/high frequency eddy
current inspection for cracking of certain repaired external fuselage
skin areas in the fuselage, and repair if necessary. The compliance
times vary depending on airplane configuration. The earliest compliance
time is within 25,200 flight cycles since last repair, or within 350
flight cycles after the effective date of the AD, whichever occurs
later. The latest compliance time is within 45,000 flight cycles since
last repair; within 1,500 flight cycles from the effective date of the
AD, without exceeding 49,100 flight cycles since last repair; or within
350 flight cycles since the effective date of the AD; whichever occurs
last. 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-2015-3635.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission A53N007-14, dated
July 22, 2014. The service information describes procedures for an
inspection to detect cracking on repaired 1.2 millimeter fuselage skin
areas on fuselage sections 11, 12, 13, 14, 16, and 17 at external
doubler repairs. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI. 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.

Costs of Compliance

    We estimate that this proposed AD affects 940 airplanes of U.S.
registry.
    We also estimate that it would take about 2 work-hours per product
to comply with the basic requirements of this proposed AD. 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 $159,800, or $170
per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    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 adding the following new airworthiness
directive (AD):

Airbus: Docket No. FAA-2015-3635; Directorate Identifier 2015-NM-
037-AD.

(a) Comments Due Date

    We must receive comments by November 12, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes specified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by an evaluation by the design approval
holder indicating that the fuselage skin repairs are subject to
widespread fatigue damage. We are issuing this AD to detect and
correct fatigue cracking of the fuselage skin, which could result in
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Inspection To Determine Repair Areas

    At the applicable time specified in paragraph (g)(1) or (g)(2)
of this AD: Do an inspection to determine whether any fuselage
external skin (doubler) repairs have been accomplished on fuselage
sections 11, 12, 13, 14, 16, and 17 with a skin thickness of 1.2
millimeters. A review of airplane maintenance records is acceptable
in lieu of this inspection if the identification of applicable
repairs can be conclusively determined from that review.
    (1) For Model A319, A320, and A321 series airplanes: Except as
specified in paragraph (h)(1) and (h)(2) of this AD, at the
applicable time specified in paragraphs 4.1.1.b., and 4.1.1.c., of
``Accomplishment Timescale,'' of Airbus Alert Operators Transmission
(AOT) A53N007-14, dated July 22, 2014, or within 350 flight cycles
after the effective date of this AD, whichever occurs later.
    (2) For Model A318 series airplanes: Except as specified in
paragraph (h)(1) and (h)(2) of this AD, at the Model A319 airplane
time specified in paragraphs 4.1.1.b., and 4.1.1.c., of
``Accomplishment Timescale,'' of Airbus AOT A53N007-14, dated July
22, 2014, or within 350 flight cycles after the effective date of
this AD, whichever occurs later.

(h) Exceptions to Service Information

    (1) Where paragraphs 4.1.1.b., and 4.1.1.c., of ``Accomplishment
Timescale,'' of Airbus AOT A53N007-14, dated July 22, 2014,
specifies ``FC'', this AD specifies ``flight cycles.''
    (2) Where paragraphs 4.1.1.b., and 4.1.1.c., of ``Accomplishment
Timescale,'' of Airbus AOT A53N007-14, dated July 22, 2014,
specifies ``from AOT issuance'', this AD specifies ``as of the
effective date of this AD.''

(i) Inspection for Cracking

    If, during the inspection required by paragraph (g) of this AD,
it is determined that any fuselage external skin (doubler) repair
has been accomplished on fuselage section 11, 12, 13, 14, 16, or 17:
At the applicable time specified paragraph (g)(1) or (g)(2) of this
AD, do an external ultrasonic inspection (US) or an internal low
frequency eddy current (LFEC) inspection for cracking of all of the
repaired 1.2 millimeter (mm) fuselage skin areas, in accordance with
the instructions specified in paragraph 4.2.2 ``Inspection
Requirements,'' of Airbus AOT A53N007-14, dated July 22, 2014,
except as provided by paragraph (j) of this AD.

(j) Optional Inspection for Cracking

    As an optional method of compliance to the US or LFEC inspection
required by paragraph (i) of this AD: Do a high frequency eddy
current (HFEC) inspection for cracking in the cut-out surrounding
the fastener area, at and in front (approximately 10-15 millimeters)
of the fastener row, after doubler removal and before any new
extended doubler installation, 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).

(k) Optional Repetitive Inspections

    In lieu of doing the inspection required by paragraph (i) of
this AD: Within the applicable compliance time specified in
paragraph 4.1.1 ``Accomplishment Timescale,'' of Airbus AOT A53N007-
14, dated July 22, 2014, after accomplishing the inspections
required by paragraph (g) of this AD, do a detailed inspection or
HFEC inspection and repeat the inspection thereafter within the
applicable compliance times specified in paragraph 4.1.1
``Accomplishment Timescale,'' of Airbus AOT A53N007-14, dated July
22, 2014. The inspections must be done in accordance with the
instructions of paragraph 4.2.2 ``Inspection Requirements,'' of
Airbus AOT A53N007-14, dated July 22, 2014. For Model A318 series
airplanes, use the applicable compliance times and instructions
specified in Airbus AOT A53N007-14, dated July 22, 2014, that are
specified for Model A319 series airplanes.

(l) Repair

    If any crack is found during any inspection required by
paragraph (i), (j), or (k) of this AD: Before further flight, repair
the cracking, in accordance with the instructions of paragraph 4.2.3
``Findings,'' of Airbus AOT A53N007-14, dated July 22, 2014, except
where Airbus AOT A53N007-14, dated July 22, 2014, specifies to
contact Airbus for a repair design approval sheet or for further
instructions, this AD requires repair using a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the EASA; or Airbus's EASA DOA.

(m) FAA-Approved Maintenance or Inspection Program Revision

    Concurrently with the accomplishment of any repair required by
paragraph (l) of this

AD, revise the post-repair inspection threshold(s) in the applicable
FAA-approved maintenance program or inspection program, as
applicable, in accordance with the instructions specified in
paragraph 4.1.1 ``Accomplishment Timescale,'' of Airbus AOT A53N007-
14, dated July 22, 2014; except for Model A318 series airplanes use
the instructions specified for Model A319 series airplanes.

(n) 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.
    (2) Contacting the Manufacturer: 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 EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2015-0036R1, dated March 31,
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-2015-3635.
    (2) For 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. 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 16, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-24423 Filed 9-25-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 44105-44110]
[FR Doc No: 2021-17088]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92584; File No. SR-OCC-2021-007]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change Concerning The Options
Clearing Corporation's Governance Arrangements

August 5, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'' or ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on July 30, 2021, The Options Clearing Corporation
(``OCC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared primarily by OCC. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    This proposed rule change by OCC would provide OCC's Board of
Directors (``Board'') with the discretion to elect either an Executive
Chairman or a Non-Executive Chairman to preside over the Board, provide
OCC's Board and stockholders with the discretion to elect a Management
Director, clarify the respective authority and responsibility of any
Executive Chairman or Non-Executive Chairman, and make other
clarifying, conforming, and administrative changes to OCC's rules.
    The proposed changes to OCC's By-Laws, Rules, Board of Directors
Charter and Corporate Governance Principles (``Board Charter''), Audit
Committee Charter, Compensation and Performance Committee Charter,
Governance and Nominating Committee Charter, Risk Committee Charter,
Technology Committee Charter (such committee charters collectively
being the ``Board Committee Charters''), and Amended and Restated
Stockholders Agreement (``Stockholders Agreement'') (all collectively,
the ``OCC Governing Documents'') have been provided as Exhibits 5A-5I
of OCC filing SR-OCC-2021-007. Material proposed to be added to the OCC
Governing Documents is marked by underlining. Material proposed to be
deleted from the OCC Governing Documents is marked by strikethrough.
All terms with initial capitalization that are not otherwise defined
herein have the same meaning as set forth in OCC's By-Laws and
Rules.\3\
---------------------------------------------------------------------------

    \3\ OCC's By-Laws and Rules can be found on OCC's public website
at https://www.theocc.com/Company-Information/Documents-and-Archives/By-Laws-and-Rules. OCC's Board and Board Committee Charters
are also available on OCC's public website: https://www.theocc.com/about/corporate-information/board-charter.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed

rule change. The text of these statements may be examined at the places
specified in Item IV below. OCC has prepared summaries, set forth in
sections (A), (B), and (C) below, of the most significant aspects of
these statements.

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

(1) Purpose
Background
    Generally speaking, the board of directors of a company is
responsible for its own structure and processes and applies its
business judgment to board leadership decisions. A board's leadership
structure is determined based on several factors, including the board's
culture and practices and the capabilities, leadership styles,
expectations, personal characteristics, and relationships of its
potential leaders. Board leadership roles are context dependent and
evolve depending on the circumstances of the company and the board.
Specifically, the board of directors generally has discretion to
determine whether, for example, the chairman of the board should also
be an employee of the company. An ``Executive Chairman'' is typically
employed by the company and may work for the company on a full-time or
part-time basis. An Executive Chairman fulfills responsibilities to
manage the board while also being more involved with management
decisions and ``day-to-day'' aspects of the company. A ``Non-Executive
Chairman'' is typically not an employee of the company and focuses on
leading and supporting the board. Self-regulatory organizations
(``SROs'') registered with the Commission, including registered
clearing agencies, employ a variety of board of director and management
structures, with both Executive and Non-Executive Chairmen presiding
over the board of directors of SROs.\4\
---------------------------------------------------------------------------

    \4\ For example, the National Securities Clearing Corporation
and Fixed Income Clearing Corporation have a Non-Executive Chairman
presiding over each of their respective boards of directors. See By-
Laws of National Securities Clearing Corporation, Article II,
Section 2.8 and By-Laws of Fixed Income Clearing Corporation,
Article II, Section 2.8 (available at http://www.dtcc.com/legal/rules-and-procedures). Alternatively, The Financial Industry
Regulatory Authority, Inc. (``FINRA'') and Cboe Exchange, Inc. each
retain flexibility in their By-Laws to elect an Executive or Non-
Executive Chairman. See FINRA, By-Laws of the Corporation, Article
VII, Section 4 (available at https://www.finra.org/rules-guidance/rulebooks/corporate-organization/laws-corporation) and Eleventh
Amended and Restated Bylaws of Cboe Exchange, Inc., Section 3.6
(available at: https://markets.cboe.com/us/options/regulation/).
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    Article III, Section I of OCC's By-Laws currently requires that the
Board be composed of nine Member Directors,\5\ five Exchange Directors,
five Public Directors,\6\ and an Executive Chairman (who also serves as
a Management Director \7\). The Board is generally responsible for
advising management and overseeing the management of the business and
affairs of OCC. The Board performs its oversight role, either directly
or indirectly, through delegating certain authority to its committees
to ensure that OCC is managed and operated in a manner consistent with
the discharge of OCC's regulatory responsibilities as a systemically
important financial market utility and that OCC has the critical
capabilities necessary to achieve its objectives and obligations in a
safe and efficient manner. The Board is also responsible for electing
OCC's Executive Chairman and appointing certain key officers of OCC,
including but not limited to, OCC's Chief Executive Officer (``CEO'')
and Chief Operating Officer (``COO'').\8\ Each member of OCC's
executive management team is ultimately responsible for the day-to-day
operations and performance of his or her applicable business area. For
example, OCC's Executive Chairman is responsible for certain control
functions of the Corporation, including internal audit and public
affairs and government relations,\9\ and its CEO is responsible for all
aspects of the Corporation's business and of its day-to-day affairs,
including enterprise risk management and compliance, and all other
aspects of the business of the Corporation that do not report directly
to the Executive Chairman.\10\
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    \5\ Member Directors include Clearing Members or representatives
of a Clearing Member who are selected based on, among other things:
(i) Consideration of balanced representation among all Clearing
Members; (ii) balanced representation of all business activities of
Clearing Members; (iii) the nature of the firm with which each
prospective Director is associated; (iv) industry affiliations; (v)
assuring that not all Member Directors are representatives of the
largest Clearing Members based on the prior year's volume; and (vi)
developing a mix of Member Directors that includes representatives
of Clearing Members that are primarily engaged in agency trading on
behalf of retail customers or individual investors.
    \6\ Public Directors are independent directors who are not
affiliated with any national securities exchange or national
securities association or with any broker or dealer.
    \7\ Management Directors also serve as employees of the
Corporation. See Article III, Section 7 of the OCC By-Laws.
    \8\ See Article IV, Sections 1 and 2 of the OCC By-Laws. The
Executive Chairman, CEO, and COO may also delegate authority for
certain responsibilities to other senior executives and officers.
    \9\ See Article IV, Section 6 of the OCC By-Laws.
    \10\ OCC's COO supports the operations of the Corporation in
accordance with the directions and under the oversight of the Chief
Executive Officer. See Article IV, Section 8 of the OCC By-Laws.
---------------------------------------------------------------------------

    OCC's Board continually evaluates OCC's governance arrangements,
including the composition of the Board and OCC's senior management
team. OCC's Board and management structure have evolved over time in
response to changing business conditions and regulatory obligations as
well as to changes in personnel and the knowledge, skills, and
experience of its various Board members and senior officers.\11\ OCC's
By-Laws currently require the Board to elect an Executive Chairman from
among the employees of OCC.\12\ While OCC's By-Laws also contemplate
discretion for the Board and stockholders to elect a Management
Director,\13\ the Executive Chairman, by virtue of being elected to his
or her office, serves as the Management Director.\14\
---------------------------------------------------------------------------

    \11\ For example, at the end of 2013, OCC's then Chairman and
CEO retired, and the Board changed OCC's governance structure by
separating the roles of Chairman and CEO and creating the new
Executive Chairman position. See Securities Exchange Act. Release
No. 34-70076 (July 30, 2013), 78 FR 47449 (August 5, 2013) (SR-OCC-
2013-09). In 2014, upon the resignation of the then President and
CEO, the Board composition was changed to include only one
Management Director (the Executive Chairman). See Securities
Exchange Act. Release No. 34-73785 (December 8, 2014), 79 FR 73915
(December 12, 2014) (SR-OCC-2014-18). In 2017, the roles of
Executive Chairman and CEO were temporarily combined and then
subsequently separated in 2018. See Securities Exchange Act Release
No. 80531 (April 26, 2017), 82 FR 20502 (May 2, 2017) (SR-OCC-2017-
002) and Securities Exchange Act Release No. 34-85129 (February 13,
2019), 84 FR 5129 (February 20, 2019) (SR-OCC-2018-015).
    \12\ See Article IV, Section 1 of the OCC By-Laws.
    \13\ See, e.g., Article III, Sections 1 and 7 of the OCC By-
Laws.
    \14\ See e.g., Article IV, Section 1 of the OCC By-Laws.
---------------------------------------------------------------------------

Proposed Changes
    OCC proposes to revise the OCC Governing Documents to give the
Board discretion to elect either an Executive or Non-Executive Chairman
to preside over the Board. In addition, the proposed rule change would
provide OCC's Board and stockholders discretion to elect Management
Directors from OCC's management, which would be necessary if OCC does
not have an Executive Chairman. The proposed rule change would also
provide clarity around the authority and responsibilities of an
Executive Chairman versus a Non-Executive Chairman. OCC also proposes
to make additional clarifying, conforming, and administrative changes
to the OCC Governing Documents. OCC believes the proposed changes would
provide appropriate flexibility to the Board to evaluate OCC's
governance arrangements, including whether OCC should have an Executive
or Non-Executive Chairman, and more quickly

adjust the composition of OCC's Board and leadership structure in
response to changing business conditions and personnel and the
knowledge, skills, and experience of its various Board members and
senior officers. The proposed changes are discussed in detail below.
Proposed Changes to OCC's By-Laws
    OCC proposes to revise Article III, Section 9 and Article IV,
Sections 1 and 6 of its By-Laws to give its Board the discretion to
elect either an Executive or Non-Executive Chairman. Under OCC's
current By-Laws, OCC's Chairman is described as an ``Executive
Chairman.'' As a result of this specificity, even though there is no
legal or regulatory requirement that OCC have either an Executive or
Non-Executive Chairman, and the Board's desire to cast as wide a net as
possible for qualified candidates for an important leadership role, the
Board likely would not consider Non-Executive Chairman candidates if
the ability to do so were not already in the By-Laws. OCC believes that
revising its By-Laws to allow the Board the option to elect either an
Executive or Non-Executive Chairman would dramatically increase the
potential pool of qualified candidates for the position and enable the
Board to select the best Chairman for the company at any given time.
    Newly proposed Article III, Section 9 (currently Reserved) would
provide that, upon the nomination of the Governance and Nominating
Committee, the Board shall elect from among its members a Chairman of
the Board (as opposed to an Executive Chairman), and if the Chairman is
elected from among the employees of OCC, such Chairman would be an
``Executive Chairman'' for purposes of OCC's By-Laws and Rules. OCC
also proposes to revise Article I of its By-Laws to add a definition
for the term ``Chairman,'' which would be defined to mean the
individual elected by the Board as the Chairman of the Board pursuant
to Article III, Section 9 of the By-Laws and that may be, but would not
be required to be, an Executive Chairman. In addition, OCC would revise
Article III, Section I of the By-Laws to provide that the Board may
have no less than five Public Directors. The proposed change would
allow OCC to have a sixth Public Director serving on its Board if there
is a Public Director serving as Chairman.\15\
---------------------------------------------------------------------------

    \15\ OCC notes that the proposed change, along with the
potential election of a Management Director that is not an Executive
Chairman (discussed below), could result in the Board having up to
21 total directors as opposed to its current 20 directors. OCC also
notes that if the Board elects a Non-Executive Chairman that is
determined to be an independent Public Director, such a Chairman
would be eligible to serve as the chair of any of OCC's Board
Committees pursuant to the requirements of each Board Committee
Charter. OCC does not believe that the potential addition of a
Public Director to its Board, increasing the overall Board size by
one director, would materially impact the composition,
representation, or decision-making process of the Board.
---------------------------------------------------------------------------

    Pursuant to proposed Article III, Section 9 of the By-Laws, the
Chairman would preside at all meetings of the Board of Directors, be
responsible for carrying out the policies of the Board, have general
supervision over the Board and its activities, and provide overall
leadership to the Board of Directors. Additionally, the By-Laws would
be revised to provide OCC's Board with additional flexibility to define
the role of the Chairman. Article IV, Section 6 of the By-Laws
currently states that the Executive Chairman is responsible for certain
control functions of OCC, including internal audit and public affairs
and government relations, and has supervision of the officers and
agents appointed by him. This By-Law requirement would be replaced by a
more general statement in proposed Article III, Section 9 that the
Chairman would have those powers and perform such duties as the Board
may designate. The proposed change would provide appropriate
flexibility for the Board to assign or remove responsibilities of the
Chairman based on whether such Chairman is an Executive or Non-
Executive Chairman and based upon the needs of OCC at a given point in
time, as discussed in further detail below. OCC would also make
conforming changes to Article IV, Section 8 to clarify that the CEO
would be responsible for all aspects of OCC's business and for its day-
to-day affairs, except for those that may report directly to the
Chairman, as determined by the Board.
    OCC also proposes to revise the following sections of its By-Laws
so that any Chairman (whether Executive or Non-Executive) retains the
authority and responsibility currently given to the Executive Chairman
and which OCC believes relate to governance matters appropriately
assigned to any Chairman of the Board. This includes the following
sections of the By-Laws.
     Article II, Sections 2 and 4 concerning the authority to
call and provide notice of meetings of OCC's stockholders;
     Article III, Section 10 concerning the authority to
receive notice of resignation of a member of the Board;
     Article III, Section 14 concerning the authority to call
special meetings of the Board;
     Article III, Section 15 concerning the authority to
exercise emergency powers and call special meetings of the Board during
such an emergency;
     Article IV, Sections 2, 3, 9 and 13 concerning the
authority to appoint officers, fix the salaries of any appointed
officers, and remove such officers;
     Article VIIB, Section 1, Interpretation and Policy .01
concerning the responsibility to promptly provide Non-Equity Exchanges
with information the Chairman considers to be of competitive
significance to such Non-Equity Exchanges that was disclosed to
Exchange Directors at or in connection with any meeting or action of
the Board or one of its committees;
     Article IX, Section 12 concerning the authority to sign
certificates for shares of OCC; and
     Article IX, Section 14 concerning the authority to suspend
the rules of OCC in emergency circumstances.
    OCC would also revise its By-Laws to transfer certain
responsibilities that currently belong to the Executive Chairman, and
that would no longer belong to any Chairman, to OCC's CEO.
Specifically, OCC proposes to revise Article VI, Section 11 of the By-
Laws to assign the responsibility for participating in the Securities
Committee and panels thereof for purposes of contract adjustments to
the CEO. OCC also proposes similar changes to its By-Laws concerning
the fixing of: (i) Underlying interest values of binary and range
options (Article XIV, Section 5), (ii) exercise settlement amounts of
yield-based Treasury options (Article XVI, Section 4), (iii) exercise
settlement amounts of cash-settled securities options other than OTC
index options (Article XVII, Section 4), (iv) exercise settlement
amounts of cash-settled foreign currency options (Article XXII) in
circumstances where certain prices or values are determined to be
unavailable or inaccurate for the contracts in question, and (v) the
Closing Price for BOUNDs contracts (Article XXIV). OCC believes these
responsibilities are best discharged by the CEO--the senior executive
of the company directly familiar with the day-to-day operations of the
company and with no director-related responsibilities--than an
Executive Chairman. Furthermore, the proposed changes would ensure
these responsibilities remain clearly and transparently assigned to an
executive officer of the company in the event the Board elects a Non-
Executive Chairman.
    OCC also proposes to revise its By-Laws and Stockholder Agreement
to provide OCC's Board and stockholders with the discretion to elect a
Management Director. Currently, under

the By-Laws and Stockholder Agreement, the Executive Chairman is also
elected as the Management Director of OCC. Under the proposed rule
change, however, OCC's Board would have the discretion to elect a Non-
Executive Chairman. OCC therefore proposes to revise Article VIIA,
Section 3 of the By-Laws and Sections 2 and 3 of the Stockholder
Agreement to provide the Board and stockholders with the discretion to
elect a Management Director if the Board has elected a Non-Executive
Chairman should they choose. OCC would also revise Article III, Section
12 of the By-Laws to reflect that any vacancy in the position of
Management Director may be filled by the Board until the next meeting
of the stockholders and would not be limited to the selection of the
Executive Chairman to serve as Management Director. In addition, OCC
proposes to revise Article IV, Sections 1 and 7 of the By-Laws to
relocate certain provisions concerning the election of the Vice
Chairman of the Board.
    Finally, OCC proposes to revise Article III, Section 4 of the By-
Laws to remove specific references to various Board committees and
their compositions. OCC notes that each of the Board Committee Charters
are filed with the Commission as rules of OCC, and as a result, this
information is unnecessarily duplicated in OCC's By-Laws. OCC believes
that maintaining this information in multiple places does not add any
benefit to the rules of OCC and only increases the possibility for
inconsistent statements among the OCC Governing Documents to the
detriment of clear and transparent governance arrangements.\16\
---------------------------------------------------------------------------

    \16\ As part of this proposed change, OCC would relocate from
the By-Laws to each of the Board Committee Charters the requirement
that committee members are selected by the Board from among the
directors recommended by the then-constituted Governance and
Nominating Committee after consultation with the Chairman and serve
at the pleasure of the Board.
---------------------------------------------------------------------------

Proposed Changes to OCC's Rules
    OCC proposes changes to its Rules in connection with the proposed
By-Law changes described above. OCC would revise the following Rules so
that any Chairman (whether Executive or Non-Executive) retains the
following authority and responsibility currently given to the Executive
Chairman.
     Rule 505 concerning the authority to extend settlement
times upon a determination that an emergency or force majeure condition
exists;
     Rule 609A concerning the authority to waive margin
deposits in limited circumstances;
     Rule 1006(f) concerning the authority to use Clearing Fund
assets to borrow or otherwise obtain funds from third parties;
     Rule 1104, Interpretation and Policy .02 concerning the
authority to elect to use one or more private auctions to liquidate
collateral, open positions and/or exercised/matured contracts of a
suspended Clearing Member; and
     Rule 1110 concerning the authority to appoint an appeals
panel to considered and decided appeals by suspended Clearing Members.
    OCC believes it is appropriate for the Chairman to retain the
authority to make certain critical decisions, which primarily involve
emergency or exigent circumstances or other activities generally
outside of OCC's day-to-day activities. The proposed change would help
to ensure the efficient management and operation of OCC in such
circumstances if other authorized officers are absent or otherwise
unable to perform their duties.
    OCC also proposes conforming changes to its Rules concerning those
responsibilities and authorities that would remain with any Executive
Chairman of the Corporation. This includes the following: \17\
---------------------------------------------------------------------------

    \17\ OCC notes that the CEO and COO would also continue to have
authority to take the following actions.
---------------------------------------------------------------------------

     Rule 1104(b) concerning the authority to delay the
immediate liquidation of a suspended Clearing Member's margin deposits
and to use such deposits to borrow or otherwise obtain funds from third
parties;
     Rule 1106(e) concerning the authority to determine not to
close out a suspended Clearing Member's unsegregated long positions or
short positions in options or BOUNDs, or long or short positions in
futures; and
     Rule 1106(f) concerning the authority to execute hedging
transactions to reduce the risk associated with any collateral or
positions not immediately liquidated or closed out pursuant to Rules
1104(b) and 1006(e).
    While these responsibilities and authorities involve important
aspects of OCC's default management process, OCC does not believe they
rise to the level of emergency or exigent circumstances. OCC believes
it is appropriate for these responsibilities to remain with senior
executives more closely familiar with the day-to-day operations of the
Corporation. As a result, OCC would not substantively change the
requirements in its existing rules.
Proposed Changes to OCC Board Charters
    OCC proposes several conforming changes to its Board Charters in
connection with the proposed changes to its By-Laws and Rules. OCC also
proposes administrative changes to its Board Charters relating to its
Board Committee composition requirements. The proposed changes to each
of the charters are described below.
Board Charter
    OCC proposes to revise its Board Charter to conform to the proposed
changes to OCC's By-Laws discussed above. First, OCC would remove the
qualifier ``Executive'' before most occurrences of ``Executive
Chairman'' throughout the charter. In addition, OCC would revise the
Board Charter to clarify that those provisions relating to management
structure, evaluation, and succession would be applicable only to any
Executive Chairman. The proposed changes would also clarify that, with
respect to employee compensation, the Board would be responsible for
the compensation, incentive, and benefit programs and evaluating the
performance of any Executive Chairman. OCC also proposes to revise the
Board Charter to reflect that the election of a Management Director
would be at the discretion of the Board and provide that a Management
Director would no longer be eligible to serve if he or she ceases to
hold a senior officer position at OCC, by virtue of which he or she was
elected as a Management Director.
    OCC also proposes to revise the Board Charter to include the
Regulatory Committee in the list of charters required to be established
by the Board.\18\ In addition, OCC proposes to revise its Board Charter
to remove specific requirements around the composition of the
Governance and Nominating Committee, which would align with proposed
changes to the Governance and Nominating Committee discussed below.
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act Release No. 87577 (November 20,
2019) 84 FR 65202 (November 26, 2019) (SR-OCC-2019-008).
---------------------------------------------------------------------------

Audit Committee Charter
    OCC proposes changes to its Audit Committee Charter regarding the
functional and administrative reporting lines for the Chief Audit
Executive (``CAE'') and Chief Compliance Officer (``CCO'') and the
review and oversight of OCC's Internal Audit and Compliance functions
to accommodate the proposed changes to OCC's By-Laws. The Audit
Committee Charter currently provides

that the CAE reports functionally to the Audit Committee and
administratively \19\ to the Executive Chairman and that the committee
consults with the Executive Chairman and CEO in reviewing the
performance of the Internal Audit function and CAE. OCC would revise
the Audit Committee Charter to state that the CAE would continue to
report functionally to the Committee and report administratively to a
member of the Management Committee designated by the Committee. As
noted above, governance responsibilities may vary depending on OCC's
management structure and the Board's allocation of responsibilities at
a given point in time. The proposed rule change is intended to provide
appropriate flexibility for the administrative reporting line of the
CAE and in the officers that the committee may consult in their review
of the Internal Audit function. OCC also proposes similar changes to
the functional and administrative reporting lines of the CCO, who
currently reports functionally to the Audit Committee and
administratively to the CEO, and to the consultation requirements in
reviewing the performance of the CCO and Compliance Department. This
would provide for a consistent approach and similar flexibility for the
Audit Committee's oversight of OCC's Compliance function.
---------------------------------------------------------------------------

    \19\ Administrative reporting may include, for example,
reporting concerning budgeting and accounting issues, human resource
administration, administration of OCC's internal policies and
procedures, and other day-to-day communication and updates
concerning the respective function.
---------------------------------------------------------------------------

Compensation and Performance Committee Charter
    OCC proposes to revise its Compensation and Performance Committee
Charter to conform to the proposed changes to OCC's By-Laws.
Specifically, the proposed revisions would reflect that the committee's
responsibilities for reviewing the performance and compensation of
OCC's management team, including the executive officers of OCC, would
extend to any Executive Chairman of OCC.
Governance and Nominating Committee Charter
    OCC proposes to revise its Governance and Nominating Committee
Charter to conform to the proposed changes to OCC's By-Laws by
clarifying that the Committee would consult with any Chairman in its
oversight and advising responsibilities to OCC's Board.
Risk Committee Charter
    OCC proposes changes to its Risk Committee Charter regarding the
functional and administrative reporting lines for the Chief Risk
Officer (``CRO''). Currently, the Risk Committee Charter provides that
the CRO reports functionally to the Committee and administratively to
the CEO and that the Committee consults with the CEO and other
committees as appropriate in reviewing the CRO's performance. OCC
proposes to revise the Risk Committee Charter to state that the CRO
would continue to report functionally to the Committee and would report
administratively to a member of the Management Committee designated by
the Committee. The proposed rule change is intended to provide
flexibility for the administrative reporting line of the CRO and the
particular officers and committees the Risk Committee may consult in
their review of the CRO's performance depending on the Board's
allocation of responsibilities at a given point in time.
Technology Committee Charter
    Finally, OCC proposes to revise its Technology Committee Charter to
require that the chair of the committee be a Public Director. The
proposed change is intended to align the Technology Committee Charter
with OCC's other Board Committee Charters, which also require that a
Public Director serves as committee chair. OCC notes that the proposed
change would not result in any practical change to the Technology
Committee as it is currently chaired by a Public Director.
(2) Statutory Basis
    OCC believes the proposed rule change is consistent with Section
17A of the Act \20\ and the rules thereunder applicable to OCC. Section
17A(b)(3)(A) of the Act \21\ requires, among other things, that a
clearing agency be so organized and have the capacity to be able to
facilitate the prompt and accurate clearance and settlement of
securities transactions and derivative agreements, contracts, and
transactions for which it is responsible. The proposed changes would
enable the Board to adjust OCC's Board and management structure in a
timelier fashion based on changing business conditions as well as
changes in personnel and the knowledge, skills, and experience of OCC's
various Board members and senior officers, particularly as it concerns
the Chairman of OCC's Board. OCC notes that SROs registered with the
Commission, including registered clearing agencies, employ a variety of
board of director and management structures, with both Executive and
Non-Executive Chairmen presiding over the board of directors of
SROs.\22\ In certain cases, SROs maintain flexibility to elect
Executive and Non-Executive Chairmen as circumstances warrant. OCC
proposes similar changes to its rules so that its Board can maintain
governance arrangements that promote the efficient and effective
management and operation of OCC. The proposed rule change would also
clearly delineate the authority and responsibilities of an Executive
Chairman versus a Non-Executive Chairman. The proposed rule change
would also provide flexibility in the administrative reporting lines
for key OCC personnel such as the CAE, CCO, and CRO, allowing these
administrative reporting lines to be adjusted, as necessary, and
develop an appropriate review process for the performance of OCC's
Internal Audit and Compliance functions so that OCC can adapt to its
evolving Board and management structure. For these reasons, OCC
believes the proposed rule change is designed to ensure that OCC is so
organized and has the capacity to be able to facilitate the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts, and transaction for which it is
responsible consistent with the requirements of Section 17A(b)(3)(A) of
the Act.\23\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78q-1.
    \21\ 15 U.S.C. 78q-1(b)(3)(A).
    \22\ See supra note 4.
    \23\ 15 U.S.C. 78q-1(b)(3)(A).
---------------------------------------------------------------------------

    Exchange Act Rules 17Ad-22(e)(2)(i) and (v) \24\ require covered
clearing agencies to have governance arrangements that are clear and
transparent and that specify clear and direct lines of responsibility.
As discussed above, the proposed rule change would further enable OCC's
Board to adjust OCC's governance arrangements in a more timely fashion,
particularly as they relate to OCC's Chairman, so that its governance
arrangements are continually designed to promote the efficient and
effective management and operation of OCC, taking into consideration
the Board's culture and practices, business circumstances, and the
capabilities, leadership styles, expectations, personal
characteristics, and relationships of its potential leaders at a given
point in time. The proposed rule change would also clearly delineate
the proposed authority and responsibilities of an Executive Chairman
versus a Non-

Executive Chairman. Finally, OCC believes the proposed changes to its
Board Committee Charters would provide OCC's Board with appropriate
flexibility to more quickly adjust the administrative reporting lines
for, and oversight of the performance of, OCC's Internal Audit and
Compliance functions and key OCC personnel, such as the CAE, CCO, and
CRO, taking into account the specific qualifications, experience,
competence, character, skills, incentives, integrity or other relevant
attributes of Board members and senior officers at any given time. OCC
believes the proposed change would provide an appropriate level of
clarity and transparency regarding the limited set of officers to which
the CAE, CCO, and CRO may report to for administrative purposes and the
Board's responsibility for designating such reporting lines. The
proposed changes to the Board Committee Charters would not alter the
responsibilities of the Board generally or of any of its individual
committees or committee members. These responsibilities would continue
to be specified in each of the Board Committee Charters. As a result,
OCC believes the proposed rule change is reasonably designed to provide
for governance arrangements that remain clear and transparent and
specify clear and direct lines of responsibility in accordance with
Rule 17Ad-22(e)(2)(i) and (v).\25\
---------------------------------------------------------------------------

    \24\ 17 CFR 240.17Ad-22(e)(2)(i) and (v).
    \25\ Id.
---------------------------------------------------------------------------

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

    Section 17A(b)(3)(I) of the Exchange Act \26\ requires that the
rules of a clearing agency not impose any burden on competition not
necessary or appropriate in furtherance of the Act. OCC does not
believe that the proposed rule change would have any impact or impose
any burden on competition. The proposed rule change would provide OCC's
Board with the discretion to elect either an Executive Chairman or a
Non-Executive Chairman to preside over the Board and would clarify the
roles and responsibilities of an Executive versus a Non-Executive
Chairman. The proposed rule change would also make changes to OCC's
Board and Board Committee Charters regarding the Board's oversight of
the Chairman and other senior officers of OCC. The proposed rule change
would not inhibit access to OCC's services or disadvantage of favor any
user in relationship to another. As a result, OCC believes the proposed
rule change would not impact or impose a burden on competition.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

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

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

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2021-007 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2021-007. 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 such filing also will be available for inspection
and copying at the principal office of OCC and on OCC's website at
https://www.theocc.com/Company-Information/Documents-and-Archives/By-Laws-and-Rules.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-OCC-2021-007 and
should be submitted on or before September 1, 2021.
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2021-17088 Filed 8-10-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Notices]
[Pages 20145-20146]
[FR Doc No: 2019-09405]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-2049]

Medical X-Ray Imaging Devices Conformance With International
Electrotechnical Commission Standards; Guidance for Industry and Food
and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance for industry entitled ``Medical X-
Ray Imaging Devices Conformance with IEC Standards.'' This guidance
describes FDA's policy regarding the regulation of medical x-ray
imaging equipment that is subject to the Federal Food, Drug and
Cosmetic Act (FD&C Act) and FDA's regulations that apply to medical
devices and electronic products.

DATES: The announcement of the guidance is published in the Federal
Register on May 8, 2019.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-2049 for ``Medical X-Ray Imaging Devices Conformance with
IEC Standards.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Medical X-Ray Imaging Devices Conformance with IEC Standards'' to the
Office of Policy, Guidance and Policy Development, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request.

FOR FURTHER INFORMATION CONTACT: Robert Sauer, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5628, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    This guidance describes FDA's policy regarding the regulation of
medical x-ray imaging equipment that is subject to the FD&C Act and
FDA's regulations that apply to medical devices and electronic
products. In this guidance, FDA is seeking to harmonize performance
standards prescribed pursuant to section 534 of Subchapter C
(Electronic Product Radiation Control (EPRC)) of the FD&C Act (21
U.S.C. 360(kk)) with International Electrotechnical Commission (IEC)
standards, where appropriate, to help to ensure streamlined regulatory
review of submissions for these products. The guidance also provides
recommendations to industry on how to comply with the applicable
requirements. FDA has determined that industry conformance to certain
IEC standards would provide, at a minimum, the same level of protection
of the public health and safety from electronic radiation as certain
EPRC regulatory standards. In addition, due to the recent publication
of a proposed rule (84 FR 12147) on April 1, 2019, that would, if
finalized, eliminate the reporting requirements for x-ray imaging
devices, FDA determined that the proposed policy outlined in section 4
of the draft guidance, which stated that x-ray imaging devices that
conform to IEC standards would be considered to have met the EPRC
reporting requirements, should be removed from the guidance. This
decision was made to avoid the confusion inherent in establishing an
interim procedure that would shortly be superseded by the final rule.
However, as stated in section V. of the guidance, FDA believes that
submission of a declaration of conformity to the appropriate standards,
and model identification as required by 21 CFR 1002.10(a) and (b), in a
product report, would be sufficient to meet the requirements of a
product report under 21 CFR 1002.10, thus reducing duplication.
    FDA considered comments received on the draft guidance that
appeared in the Federal Register of August 3, 2016 (81 FR 51201). FDA
revised the guidance as appropriate in response to the comments.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Medical X-Ray Imaging Devices Conformance
with IEC Standards.'' It does not establish any rights for any person
and is not binding on FDA or the public. You can use an alternative
approach if it satisfies the requirements of the applicable statutes
and regulations. This guidance is not subject to Executive Order 12866.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Persons
unable to download an electronic copy of ``Medical X-Ray Imaging
Devices Conformance with IEC Standards'' may send an email request to
<EMAIL_ADDRESS>to receive an electronic copy of the
document. Please use the document number 1400014 to identify the
guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    In the Federal Register of August 3, 2016 (81 FR 51201), we
requested comments on the revision of OMB control number 0910-0025,
``Reporting and Recordkeeping for Electronic Products--General
Requirements,'' to adjust the annual reporting burden consistent with
the policy in the draft guidance pertaining to reports. However,
because this final guidance does not include this policy pertaining to
reports (see the Background section), we have determined that the
guidance no longer necessitates revisions to OMB control number 0910-
0025.
    This guidance refers to previously approved collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in
the following FDA regulations have been approved by OMB as listed in
the following table:

------------------------------------------------------------------------
                                                            OMB control
          21 CFR part                     Topic                 No.
------------------------------------------------------------------------
807, subpart E.................  Premarket Notification.       0910-0120
800, 801, and 809..............  Medical Device Labeling       0910-0485
                                  Regulations.
820............................  Current Good                  0910-0073
                                  Manufacturing Practice
                                  (CGMP); Quality System
                                  (QS) Regulation.
1002 through 1050..............  Reporting and                 0910-0025
                                  Recordkeeping for
                                  Electronic Products--
                                  General Requirements.
------------------------------------------------------------------------

    Dated: May 2, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-09405 Filed 5-7-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5289-5290]
[FR Doc No: 2012-2337]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66245; File No. SR-BX-2012-006]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating To
Amend the Definition of Theoretical Price

January 26, 2012.
    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 January 20, 2012, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act,\3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule 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)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Chapter V, Section 20 (Obvious and
Catastrophic Errors) of the Rules of the Boston Options Exchange Group,
LLC (``BOX'') to amend the definition of theoretical price. The text of
the proposed rule change is available from the principal office of the
Exchange, at the Commission's Public Reference Room and also on the
Exchange's Internet Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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

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

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

1. Purpose
    The Exchange is proposing a change to Chapter V, Section 20
(Obvious and Catastrophic Errors). An obvious error occurs when the
execution price of a transaction is above or below the Theoretical
Price for the series by a specified amount. The Exchange recently
submitted an immediately effective rule change to amend the definition
of Theoretical Price.\5\ Under the recently effective rule, the
``Theoretical Price'' of an option series is defined, if the series is
traded on at least one other options exchange, as the mid-point of the
National Best Bid or Offer (``NBBO''), just prior to the trade in
question. If there are no quotes for comparison, the Theoretical Price
is determined by the Market Regulation Center (``MRC'').\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 66093 (January 4,
2012), 77 FR 1543 (January 10, 2012) (SR-BX-2011-086) Notice of
Filing and Immediate Effectiveness of a Proposal To Amend the
Definition of Theoretical Price (``BX-2011-086'').
    \6\ MRC is defined in the BOX Rules to mean the Exchange's
facilities for surveilling and regulating the conduct of business
for options on BOX. MRC personnel are employees of BOXR and are not
affiliated with BOX Options Participants.
---------------------------------------------------------------------------

    The rule change proposed in BX-2011-086 was immediately effective
upon filing, but not operative for 30 days. As such, it is not yet
operative. The goal of the rule change in BX-2011-086 was to improve
the BOX process for addressing potentially erroneous trades to the
benefit of all BOX market participants. While proposing the rule
change, BOX discussed BX-2011-086 with several BOX Options
Participants, and has continued these discussions following the
effective date of the proposal. Based on these discussions with its
Participants, BOX, after considering the potential impact of the change
on BOX market participants and the liquidity on BOX, believes there is
sufficient reason to reverse the rule change proposed in BX-2011-086.
In addition, BOX will continue analyzing potential refinements to the
BOX process for addressing potentially erroneous trades.
    As such, the Exchange is proposing to amend the definition of
Theoretical Price so that when the series is traded on at least one
other options exchange, the Theoretical Price will be the ``National
Best Bid with respect to an erroneous sell transaction, and National
Best Offer with respect to an erroneous buy transaction, just prior to
the trade in question.'' Alternatively, if there are no quotes for
comparison, the Theoretical Price will continue to be determined by the
MRC. This proposed rule change would reverse the effective rule change
identified in note 1 [sic] and amend this provision of the BOX Rules so
that the Theoretical Price continues to be the National Best Bid or
Offer.
2. Statutory Basis
    This proposed rule change is designed to provide the personnel of
the MRC (i.e., BOXR) with a clearly defined measure of the price on
which to base a determination as to whether or not a particular
transaction was the result of an obvious error and continue utilizing
the rule that BOX has had in place prior to the operative date of BX-
2011-086. The Exchange believes the proposed rule change is consistent
with the Securities Exchange Act of 1934 (the ``Act'') and the rules
and regulations thereunder and, in particular, the requirements of
Section 6(b) of the Act.\7\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
---------------------------------------------------------------------------

    Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \8\ requirements that the rules of
an exchange be

designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general to
protect investors and the public interest, by maintaining the obvious
error process in existence on BOX.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that using the NBBO as the Theoretical Price
will maintain an objective approach in determining obvious errors that
is consistent with other options exchanges. The Exchange believes that
continuing to use an objective standard when making adjustment
decisions would benefit investors and market participants that are
members of multiple exchanges participating in a national market
system. The Exchange, after considering the potential impact of the
rule change proposed in BX-2011-086 on BOX market participants and the
liquidity on BOX, believes continuing to use its current process for
evaluating potentially erroneous trades is appropriate for BOX. As
such, the Exchange believes that its process for rendering and
reviewing trade adjustment determinations is consistent with the Act,
and with the maintenance of a fair and orderly market and the
protection of investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

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

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and
Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally does not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay and make the proposed rule
change effective and operative upon filing.
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest,
because such waiver would allow the Exchange to immediately revert back
to the definition of ``Theoretical Price'' that was in place prior to
the recent proposed rule change, BX-2011-086,\12\ before the changes in
such rule filing become operative. As such, waiver of the operative
delay will ensure that the definition of ``Theoretical Price'' remains
consistent, thereby maintaining operational continuity of the rule on
the BOX market. For these reasons, the Commission designates the
proposed rule change as operative immediately upon filing with the
Commission.\13\
---------------------------------------------------------------------------

    \12\ See supra note 5 and accompanying text.
    \13\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2012-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2012-006. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-BX-2012-006 and
should be submitted on or before February 23, 2012.

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-2337 Filed 2-1-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33772]
[FR Doc No: 2022-11966]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1927-140]

PacifiCorp; Notice of Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Capacity Amendment of License.
    b. Project No: P-1927-140.
    c. Date Filed: February 25, 2022.
    d. Applicant: PacifiCorp.
    e. Name of Project: North Umpqua Hydroelectric Project.
    f. Location: The project is located on the North Umpqua River and
two of its tributaries, the Clearwater River and Fish Creek, in Douglas
County, about 60 miles east of Roseburg in southwestern Oregon.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Steve Albertelli, PacifiCorp, 925 South Grape
Street, Building 5, Medford, OR 97501,<PHONE_NUMBER>.
    i. FERC Contacts: Zeena Aljibury,<PHONE_NUMBER>,
[email protected], or Brian Bartos,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and protests
is 30 days from the issuance date of this notice by the Commission.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, or recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include the docket
number P-1927-140. Comments emailed to Commission staff are not
considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: PacifiCorp proposes to amend the project
license to construct, operate, and maintain new pumped storage
facilities connecting the existing Toketee and Fish Creek developments.
The new infrastructure will include a pump with an approximately 969-
foot-long, 48-inch conduit connecting the Toketee and Fish Creek
penstocks and spanning the North Umpqua River. PacifiCorp states that
the new infrastructure will create a pump storage system utilizing the
Toketee Reservoir as the source of water and the existing Fish Creek
forebay as the upper storage reservoir. PacifiCorp states the upgrade
is not expected to increase the total installed capacity of the
Project. It will use the existing 11-megawatt Fish Creek Powerhouse for
pumped storage generation.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 385.2010.

    Dated: May 27, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-11966 Filed 6-2-22; 8:45 am]
BILLING CODE 6717-01-P