of the persons impacted by the proposed Rule are small entities under
the above definitions.\279\ It is possible that in the future a small
entity may become impacted by the Rule. Based on experience with
persons who participate in this market, however, the Commission
preliminarily believes that this scenario will be unlikely since firms
that enter the market are unlikely to meet the criteria to be a small
entity.
---------------------------------------------------------------------------

    \279\ See supra Parts V and VI.
---------------------------------------------------------------------------

    For the foregoing reason, the Commission certifies that proposed
Rule 10c-1 would not have a significant economic impact on a
substantial number of small entities for purposes of the RFA. The
Commission encourages written comments regarding this certification,
and requests that commenters describe the nature of any impact on small
entities and provide empirical data to illustrate the extent of the
impact.

VIII. Consideration of Impact on the Economy

    For purposes of the Small Business Regulatory Enforcement Fairness
Act of 1996, the Commission is also requesting information regarding
the potential impact of the proposed amendments on the economy on an
annual basis. In particular, comments should address whether the
proposed changes, if adopted, would have a $100,000,000 annual effect
on the economy, cause a major increase in costs or prices, or have a
significant adverse effect on competition, investment, or innovations.
Commenters are requested to provide empirical data and other factual
support for their views to the extent possible.

IX. Statutory Authority

    Proposed Rule 10c-1 is being proposed pursuant to Sections 3,
10(b), 10(c), 15(c), 15(h), 15A, 17(a), 23(a) of the Securities
Exchange Act of 1934, 15 U.S.C. 78c, 78j(b), 78j(c), 78k-1, 78o(c),
78o(g), 78o-3, 78q(a), and 78w(a), and Public Law 111-203, 984(b), 124
Stat. 1376 (2010).

List of Subjects in 17 CFR Parts 240

    Administrative practice and procedure, Reporting and recordkeeping
requirements, Securities.

Text of Rule Amendments

    For the reasons set out in the preamble, the Commission is
proposing to amend title 17, chapter II of the Code of the Federal
Regulations as follows.

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
1. The general authority citation for part 240 continues to read, and
sectional authority for Sec.  240.10c-1 is added to read, as follows:

    Authority:  15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c-3, 78c-5, 78d, 78e, 78f,
78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4,
78o-10, 78p, 78q, 78q-1, 78s, 78u-5, 78w, 78x, 78dd, 78ll, 78mm,
80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et
seq., and 8302; 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C.
1350; Pub. L. 111-203, 939A, 124 Stat. 1376 (2010); and Pub. L. 112-
106, sec. 503 and 602, 126 Stat. 326 (2012), unless otherwise noted.
* * * * *
    Section 240.10c-1 also issued under 15 U.S.C. 78j(c), and Pub,
L. 111-203, 984(b), 124 Stat. 1376 (2010).
* * * * *
0
2. Add Sec.  240.10c-1 to read as follows:

Sec.  240.10c-1  Securities lending transparency.

    (a) Reporting. (1) Any person that loans a security on behalf of
itself or another person shall provide to a registered national
securities association (RNSA) the information in paragraphs (b) through
(e) of this section (Rule 10c-1 information), in the format and manner
required by the rules of an RNSA; provided however,
    (i)(A) A bank, clearing agency, broker, or dealer that acts as an
intermediary to a loan of securities (lending agent) on behalf of a
person that owns the loaned securities (beneficial owner) shall:
    (1) Provide the 10c-1 information to an RNSA on behalf of the
beneficial owner within the time periods specified by Rule 10c-1; or
    (2) Enter into a written agreement that meets the requirements of
paragraph (a)(1)(ii)(A) of this section.
    (B) A beneficial owner is not required to provide the Rule 10c-1
information to an RNSA if a lending agent acts as an intermediary to
the loan of securities on behalf of the beneficial owner.
    (ii)(A) A person required to provide Rule 10c-1 information under
paragraph (a) of this section, including a lending agent, may enter
into a written agreement with a broker or dealer that agrees to provide
the Rule 10c-1 information to an RNSA (reporting agent) within the time
periods specified in Rule 10c-1.
    (B) A reporting agent is required to provide the Rule 10c-1
information to an RNSA if it has entered into a written agreement under
paragraph (a)(1)(ii)(A) of this section and is provided timely access
to the Rule 10c-1 information.
    (C) Any person that enters into a written agreement under paragraph
(a)(1)(ii) of this section with a reporting agent is not required to
provide the Rule 10c-1 information to an RNSA if the reporting agent is
provided timely access to the Rule 10c-1 information.
    (2) Any reporting agent that enters into a written agreement under
paragraph (a)(1)(ii)(A) of this section shall:
    (i) Establish, maintain, and enforce reasonably designed written
policies and procedures to provide Rule 10c-1 information to an RNSA on
behalf of another person in the manner, format, and time consistent
with Rule 10c-1;
    (ii) Enter into a written agreement with an RNSA that permits the
reporting agent to provide Rule 10c-1 information to the RNSA on behalf
of another person;
    (iii) Provide the RNSA a list of each person and lending agent on
whose behalf the reporting agent is providing Rule 10c-1 information to
the RNSA and provides the RNSA an updated list of such persons by the
end of the day on the day such list changes; and
    (iv) Preserve for a period of not less than three years, the first
two years in an easily accessible place:
    (A) The Rule 10c-1 information obtained by the reporting agent from
any person pursuant to paragraph (a)(1)(ii) of this section, including
the time of receipt, and the corresponding Rule 10c-1 information
provided by the reporting agent to the RNSA, including the time of
transmission to the RNSA; and
    (B) The written agreements under paragraphs (a)(1)(ii)(A) and
(a)(2)(ii) of this section.
    (b) Transaction data elements. If required by paragraph (a) of this
section,

a person shall provide the following information to an RNSA within 15
minutes after each loan is effected, and the RNSA shall assign each
loan a unique transaction identifier and make such information public
as soon as practicable:
    (1) The legal name of the security issuer, and the Legal Entity
Identifier (LEI) of the issuer, if the issuer has an active LEI;
    (2) The ticker symbol, ISIN, CUSIP, or FIGI of the security, if
assigned, or other identifier;
    (3) The date the loan was effected;
    (4) The time the loan was effected;
    (5) For a loan effected on a platform or venue, the name of the
platform or venue where effected;
    (6) The amount of the security loaned;
    (7) For a loan not collateralized by cash, the securities lending
fee or rate, or any other fee or charges;
    (8) The type of collateral used to secure the loan of securities;
    (9) For a loan collateralized by cash, the rebate rate or any other
fee or charges;
    (10) The percentage of collateral to value of loaned securities
required to secure such loan;
    (11) The termination date of the loan, if applicable; and
    (12) Whether the borrower is a broker or dealer, a customer (if the
person lending securities is a broker or dealer), a clearing agency, a
bank, a custodian, or other person.
    (c) Loan modification data elements. If required by paragraph (a)
of this section, a person shall provide the following information to an
RNSA within 15 minutes after each loan is modified if the modification
results in a change to information required to be provided to an RNSA
under paragraph (b) of this section, and the RNSA shall make such
information public as soon as practicable:
    (1) The date and time of the modification;
    (2) A description of the modification; and
    (3) The unique transaction identifier assigned to the original
loan.
    (d) Confidential data elements. If required by paragraph (a), a
person shall provide the following information to an RNSA within 15
minutes after each loan is effected, however, the RNSA shall keep such
information confidential, subject to the provisions of applicable law:
    (1) The legal name of each party to the transaction, CRD or IARD
Number, if the party has a CRD or IARD Number, market participant
identification (``MPID''), if the party has an MPID, and the LEI of
each party to the transaction, if the party has an active LEI, and
whether such person is the lender, the borrower, or an intermediary
between the lender and the borrower (if known);
    (2) If the person lending securities is a broker or dealer and the
borrower is its customer, whether the security is loaned from a
broker's or dealer's securities inventory to a customer of such broker
or dealer; and
    (3) If known, whether the loan is being used to close out a fail to
deliver pursuant to 242.204 of this chapter (Rule 204 of Regulation
SHO) or to close out a fail to deliver outside of Regulation SHO.
    (e) Securities available to loan and securities on loan. The
following information shall be provided to an RNSA by the end of each
business day that a person included in paragraphs (e)(1) or (2) of this
section either was required to provide information to an RNSA under
paragraph (a) of this section or had an open securities loan about
which it was required provide information to an RNSA under paragraph
(a) of this section:
    (1) A lending agent shall provide the following information
directly to an RNSA or to a reporting agent who shall provide such
information and the identity of the person on whose behalf it is
providing the information to an RNSA:
    (i) The legal name of the security issuer, and the LEI of the
issuer, if the issuer has an active LEI;
    (ii) The ticker symbol, ISIN, CUSIP, or FIGI of the security, if
assigned, or other identifier;
    (iii) The total amount of each security that is not subject to
legal or other restrictions that prevent it from being lent
(``available to lend''):
    (A) If the lending agent is a broker or dealer, the total amount of
each security available to lend by the broker or dealer, including the
securities owned by the broker or dealer, the securities owned by its
customers who have agreed to participate in a fully paid lending
program, and the securities in its margin customers' accounts;
    (B) If the lending agent is not a broker or dealer, the total
amount of each security available to the lending agent to lend,
including any securities owned by the lending agent;
    (iv) The total amount of each security on loan that has been
contractually booked and settled (``security on loan''):
    (A) If the lending agent is a broker or dealer, the total amount of
each security on loan by the broker or dealer, including the securities
owned by the broker or dealer, the securities owned by its customers
who have agreed to participate in a fully paid lending program, and the
securities in its margin customers' accounts;
    (B) If the lending agent is not a broker or dealer, the total
amount of each security on loan where the lending agent acted as an
intermediary on behalf of a beneficial owner and securities owned by
the lending agent.
    (2) Any person that does not employ a lending agent shall provide
the following information directly to an RNSA or to a reporting agent
who shall provide such information and the identity of the person on
whose behalf it is providing the information to the RNSA:
    (i) The legal name of the security issuer, and the LEI of the
issuer, if the issuer has an active LEI;
    (ii) The ticker symbol, ISIN, CUSIP, or FIGI of the security, if
assigned, or other identifier;
    (iii) The total amount of each specific security that is owned by
the person and available to lend;
    (iv) The total amount of each specific security on loan owned by
the person.
    (3) For each security about which the RNSA receives information
pursuant to paragraphs (e)(1) or (2) of this section, the RNSA shall
make available to the public only aggregated information for that
security, including information required by (e)(1)(i) and (ii) and
(e)(2)(i) and (ii) of this section. All identifying information about
lending agents, reporting agents, and other persons using reporting
agents, shall not be made publicly available, and the RNSA shall keep
such information confidential, subject to the provisions of applicable
law. For information that is required to be made publicly available,
the RNSA shall make it available as soon as practicable, but not later
than the next business day.
    (f) RNSA rules. The RNSA shall implement rules regarding the format
and manner to administer the collection of information in paragraphs
(b) through (e) of this section and distribute such information in
accordance with rules approved by the Commission pursuant to section
19(b) of the Exchange Act and Rule 19b-4 thereunder.
    (g) Data retention and availability. The RNSA shall:
    (1) Retain the information collected pursuant to paragraphs (b)
through (e) of this section in a convenient and usable standard
electronic data format that is machine readable and text searchable
without any manual intervention for a period of five years;
    (2) Make the information collected pursuant to paragraph
(a)(2)(iii) and paragraphs (b) through (e) of this section available to
the Commission or other persons as the Commission may

designate by order upon a demonstrated regulatory need;
    (3) Provide the information collected under paragraphs (b) and (c)
of this section and the aggregate of the information provided pursuant
to paragraph (e) of this section available to the public in the same
manner such information is maintained pursuant to paragraph (g)(1) of
this section on the RNSA's website or similar means of electronic
distribution, without charge and without use restrictions, for at least
a five-year period; and
    (4) Establish, maintain, and enforce reasonably designed written
policies and procedures to maintain the security and confidentiality of
confidential information required by paragraphs (d) and (e)(3).
    (h) RNSA fees. The RNSA may establish and collect reasonable fees,
pursuant to rules that are effective pursuant to section 19(b) of the
Exchange Act and Rule 19b-4 thereunder, from each person who provides
any data set forth in paragraphs (b) through (e) of this section
directly to the RNSA.

    By the Commission.

    Dated: November 18, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.``
[FR Doc. 2021-25739 Filed 12-7-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20851-20854]
[FR Doc No: 2014-08233]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-1063]
RIN 1625-AA11

Regulated Navigation Area; Arthur Kill, NY and NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking

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

SUMMARY: The Coast Guard is proposing to establish a Regulated
Navigation Area (RNA) on the navigable waters of the Arthur Kill in New
York and New Jersey from December 2014 through October 2018. This
proposed rule would allow the Coast Guard to enforce speed and wake
restrictions and prohibit vessel traffic through the RNA during bridge
replacement operations on the Goethals Bridge, both planned and
unforeseen, that could pose an imminent hazard to persons and vessels
operating in the area. This proposed rule would also allow the Coast
Guard to enforce navigation restrictions and prohibit vessel traffic
during drilling, blasting, and dredging operations in support of the
U.S. Army Corps of Engineers channel deepening project. This proposed
rule is necessary to provide for the safety of life in the regulated
area during construction on the Goethals Bridge and the channel
deepening project.

DATES: Comments and related material must be received by the Coast
Guard on or before June 13, 2014.
    Requests for public meetings must be received by the Coast Guard on
or before May 5, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BMC Craig D. Lapiejko, First Coast Guard District,
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>or LT Hannah
Eko, Sector New York Waterways Management, U.S. Coast Guard; telephone
(718) 354-4114, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-1063] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-1063) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before May 5, 2014, using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

B. Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are hazardous
or in which hazardous conditions are determined to exist. See 33 U.S.C.
1231 and Department of Homeland Security Delegation No. 0170.1.
    The purpose of this proposed rulemaking is to provide for safety on
the navigable waters in the regulated area and is prompted by dredging
and bridge construction activities in the Arthur Kill.

C. Discussion of Proposed Rule

    The Coast Guard proposes to establish a Regulated Navigation Area
(RNA) on the navigable waters of the Arthur Kill. This RNA would
encompass the Arthur Kill from Port Ivory to the charted Graselli High
Wires north of Pralls Island. The proposed RNA would be in effect from
December 2014 through October 2018, and enforced at intermittent
periods during that time.
    Dredging activities will resume in a portion of the Arthur Kill
from December 2014 until December 2015. These activities may
potentially involve drilling and underwater blasting of bedrock in the
Arthur Kill navigable channel. Dredging operations may encroach on
portions of the navigable channel, require the relocation of lateral
aids to navigation, and create a reduction in the width of the
navigational channel. While most activities within the scope of this
project will not require waterway closures, there are certain tasks
that can only be completed via closing the waterway.
    The Goethals Bridge spans the Arthur Kill at mile 11.5. The current
structure of the Goethals Bridge will be replaced with a twin span
south of the existing bridge. Work on the bridge commenced in December
2013. New eastbound bridge construction is expected to be undertaken
from January 2013 to December 2016. New westbound construction is
expected to occur from April 2013 to December 2017. Substantial
completion of both bridges is expected to occur in December 2017 with
both bridges open at this point. Demolition of the main span of the
currently existing bridge is expected to occur in the December 2016 to
October 2018 timeframe. The minimum vertical clearance of the bridge is
expected to be reduced from 139.9' to 137.9'.
    Currently, it is unknown whether explosives will be utilized for
demolition purposes or whether the current span will be lowered in
increments into barges placed in the Arthur Kill. Final completion of
the bridge project is expected to occur in October 2018.
    This proposed rule seeks to enhance navigational safety and marine
environmental protection, promote vessel movement by reducing the
potential for collisions, groundings, and the loss of lives and
property, and ensure the safety of vessels and workers from hazards
associated with bridge construction operations in the regulated area.
    The Captain of the Port (COTP) New York will cause notice of
enforcement and suspension of enforcement to be made by all appropriate
means to affect the widest distribution among the affected segments of
the public. Such means of notification may include, but are not limited
to, Broadcast Notice to Mariners, Local Notice to Mariners, or notices
on the Homeport Web site.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory

Planning and Review, as supplemented by Executive Order 13563,
Improving Regulation and Regulatory Review, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
Executive Order 12866 or under section 1 of Executive Order 13563. The
Office of Management and Budget has not reviewed it under those Orders.
    Although this proposed rule may restrict access to a small portion
of the Arthur Kill during some drilling, blasting and some bridge
demolition operations, the effect of this regulation would not be
significant for the following reasons: The regulated navigation area
would be enforced during limited intervals of time. We expect portions
of the RNA to be activated for short period while drilling, blasting,
or bridge demolition procedures occur. In addition, vessels may be
authorized to enter the zone with permission of the COTP. In addition,
advance notification for closures will be made via Local Notice to
Mariners, Broadcast Notice to Mariners, and at the Homeport Web site.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of the Arthur Kill from
December 2014 to October 2018.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons:
although the regulated navigation area would apply to the entire width
of the river, vessel traffic would be allowed to pass through the
regulated navigation area by requesting permission from the COTP.
Before the activation of the regulated navigation area, we would issue
maritime advisories widely available to users of the river.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination

that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This proposed rule involves the establishment of a
regulated navigation area. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-1063 to read as follows:

Sec.  165.T01-1063  Regulated Navigation Area; Arthur Kill, NY and NJ.

    (a) Regulated Area. The following area is a regulated navigation
area: all waters from Port Ivory to Graselli High Wires north of Pralls
Island in the Arthur Kill; bounded in the northeast by a line drawn
from position 40[deg] 38'43.260'' N, 074[deg] 10'47.208'' W; to a point
in position 40[deg]38'52.152'' N, 074[deg] 10'47.748'' W; and bounded
in the southwest by a line drawn from position 40[deg] 37'8.940'' N,
074[deg] 12'19.116'' W; to a point in position 40[deg] 37'03.252'' N,
074[deg] 12'02.052'' W. All geographic coordinates are North American
Datum of 1983 (NAD 83).
    (b) Effective Dates and Enforcement Periods. This rule is effective
from 8:00 a.m. on December 1, 2014 until 5:00 p.m. on October 31, 2018.
This rule will be enforced upon notice by the Captain of the Port
(COTP) New York or the COTP's designated representative.
    (c) Regulations.
    (1) The general regulations contained in Sec. Sec.  165.10, 165.11,
and 165.13 apply.
    (2) In accordance with the general regulations, entry into,
anchoring, or movement within the RNA, during periods of enforcement,
is prohibited unless authorized by the COTP or the COTP's designated
representative.
    (3) During periods of enforcement, entry and movement within the
RNA is subject to a ``Slow-No Wake'' speed limit. Vessels may not
produce more than a minimum wake and may not attain speeds greater than
three knots unless a higher minimum speed is necessary to maintain
steerageway when traveling with a strong current. In no case may the
wake produced by the vessel be such that it creates a danger of injury
to persons, or damage to vessels or structures of any kind.
    (4) During periods of enforcement, upon being hailed by a Coast
Guard vessel by siren, radio, flashing light or other means, the
operator must proceed as directed.
    (5) Vessel operators desiring to enter or operated within the
regulated area when it is closed shall contact the COTP or the
designated on-scene representative via VHF channel 16 or<PHONE_NUMBER>
(Sector New York Command Center) to obtain permission.
    (6) Vessel Movement Reporting System (VMRS) users are prohibited
from meeting or overtaking other vessels when transiting alongside an
active work area where dredging and drilling equipment are being
operated.
    (7) Notwithstanding anything contained in this section, the Rules
of the Road (33 CFR Chapter I, Subchapter E, part 83-90 inland
navigation rules) are still in effect and must be strictly adhered to
at all times.

    Dated: March 25, 2014.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2014-08233 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Proposed Rules]
[Pages 56284-56286]
[FR Doc No: 2022-19596]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 87, No. 177 / Wednesday, September 14, 2022 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1158; Project Identifier MCAI-2022-00771-E]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
(Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Rolls-Royce Deutschland Ltd & Co KG (RRD) BR700-710A1-10,
BR700-710A2-20, and BR700-710C4-11 model turbofan engines. This
proposed AD was prompted by reports of cracks on certain low-pressure
compressor (LPC) rotor (fan) disks. This proposed AD would require
initial and repetitive visual inspections of certain LPC rotor fan
disks and, depending on the results of the inspections, replacement of
any LPC rotor fan disk with cracks detected. This proposed AD would
also allow modification of the engine in accordance with RRD service
information as a terminating action to these inspections, as specified
in a European Union Aviation Safety Agency (EASA) AD, which is proposed
for incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 31,
2022.

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 regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1158; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone +49 221
8999 000; email [email protected]. You may find this material on the
EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
(781) 238-7241; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1158; Project Identifier
MCAI-2022-00771-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Sungmo Cho, Aviation Safety Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803. Any commentary that the FAA receives that
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0110, dated June 15, 2022 (EASA
AD 2022-0110), to address an unsafe condition for certain RRD BR700-
710A1-10, BR700-710A2-20, and BR700-710C4-11 model turbofan engines.
The MCAI states that there have been reports of cracks on certain LPC
rotor fan disks. The FAA is proposing this AD to prevent failure of the
LPC rotor fan or blade. This condition, if not addressed, could result
in high energy debris release, damage to the airplane, and reduced
control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1158.

FAA's Determination

    This product has been approved by the aviation authority of another

country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the EASA
AD. The FAA is issuing this AD after determining that the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0110. EASA AD 2022-0110 specifies
procedures for initial and repetitive visual inspections of certain LPC
rotor fan disks, and replacement of any LPC rotor fan disk with cracks
detected.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

Other Related Service Information

    The FAA reviewed RRD BR700 Series Propulsion System Service
Bulletin (SB) SB-BR700-72-101474, Revision 1, dated November 18, 2014
(RRD BR700 Series Propulsion System SB SB-BR700-72-101474); RRD BR700
Series Propulsion System SB SB-BR700-72-101952, Initial Issue, dated
December 1, 2016 (RRD BR700 Series Propulsion System SB SB-BR700-72-
101952); and RRD BR700 Series Propulsion System SB SB-BR700-72-A900732,
Initial Issue, dated June 7, 2022 (RRD BR700 Series Propulsion System
SB SB-BR700-72-A900732).
    RRD BR700 Series Propulsion System SB-BR700-72-101474 and RRD BR700
Series Propulsion System SB SB-BR700-72-101952 describe procedures for
the modification of the engine as a terminating action to the initial
and repetitive visual inspections of certain LPC rotor fan disks. RRD
BR700 Series Propulsion System SB SB-BR700-72-A900732 specifies
procedures for initial and repetitive visual inspections of certain LPC
rotor fan disks.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0110, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between This Proposed AD and the EASA AD.''

Differences Between This Proposed AD and the EASA AD

    Where EASA AD 2022-0110 requires compliance from its effective
date, this proposed AD would require using the effective date of this
AD.
    This AD does not require compliance with the ``Remarks'' section of
EASA AD 2022-0110.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 2,068 engines installed on airplanes of U.S. Registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspect LPC compressor rotor fan      4 work-hours x $85 per               $0             $340         $703,120
 disk.                                 hour = $340.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Replace LPC compressor rotor fan disk  10 work-hours x $85 per  $470,000...............  $470,850
                                        hour = $850.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

Rolls-Royce Deutschland Ltd & Co KG (Type Certificate previously
held by Rolls-Royce plc): Docket No. FAA-2022-1158; Project
Identifier MCAI-2022-00771-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 31, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD)
BR700-710A1-10, BR700-710A2-20, and BR700-710C4-11 model turbofan
engines as identified in European Union Aviation Safety Agency AD
2022-0110, dated June 15, 2022 (EASA AD 2022-0110).

(d) Subject

    Joint Aircraft Service Component (JASC) Code 7230, Turbine
Engine Compressor Section.

(e) Unsafe Condition

    This AD was prompted by reports of cracks on certain low-
pressure compressor (LPC) rotor (fan) disks. The FAA is issuing this
AD to prevent failure of the LPC rotor fan or blade. The unsafe
condition, if not addressed, could result in high energy debris
release, damage to the airplane, and reduced control of the
airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD:
Perform all required actions within the compliance times specified
in, and in accordance with, EASA AD 2022-0110.

(h) Exceptions to EASA AD 2022-0110

    (1) Where EASA AD 2022-0110 requires compliance from its
effective date, this AD requires using the effective date of this
AD.
    (2) The ``Remarks'' section of EASA AD 2022-0110 is not
incorporated by reference in this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0110
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, ECO Branch, FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures found in Sec.  39.19.
In accordance with Sec.  39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to the attention of the person identified in
paragraph (k)(2) of this AD or email to: [email protected]. 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.

(k) Additional Information

    (1) For service information identified in EASA AD 2022-0110,
contact Rolls-Royce plc, Corporate Communications, P.O. Box 31,
Derby, DE24 8BJ, United Kingdom; phone: +44 (0)1332 242424; fax: +44
(0)1332 249936; website: rolls-royce.com/contact-us.aspx.
    (2) For more information about this AD, contact Sungmo Cho,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; email:
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency AD 2022-0110, dated
June 15, 2022.
    (ii) [Reserved]
    (3) You may view this referenced service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (4) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email:
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-19596 Filed 9-13-22; 8:45 am]
BILLING CODE 4910-13-P


Appendix II. B. 3.

Cholinesterase Data Used in OP Cumulative Risk Assessment to Derive Relative Potency Factors ( RPFs) and Points of Departure ( PoDs)

This appendix is available on EPA's website at http:// www. epa. gov/ pesticides/ cumulative/ common_ mech_ groups. htm# op A CD containing the data in this appendix may also be obtained by contacting the Office of Pesticide Programs Public Docket Docket # EPA HQ OPP 2006 0618 One Potomac Yard 12777 S. Crystal Drive Room S 4400 Arlington, Virginia, 22202 703 305 5805 Monday through Friday, 8: 30 am   4: 00 pm


[Federal Register Volume 84, Number 192 (Thursday, October 3, 2019)]
[Rules and Regulations]
[Pages 52754-52757]
[FR Doc No: 2019-21672]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0711; Product Identifier 2019-NM-167-AD; Amendment
39-19755; AD 2019-20-02]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes. This AD requires repetitive inspections for cracking
of the left and right hand side outboard chords of frame fittings and
failsafe straps at a certain station, and repair if any cracking is
found. This AD was prompted by reports of cracking discovered in this
area. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective October 3, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 3,
2019.
    The FAA must receive comments on this AD by November 18, 2019.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0711.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0711; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule,

the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Greg Rutar, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    In September 2019, the FAA received reports of cracking discovered
in the left and right hand side outboard chords of the station (STA)
663.75 frame fittings and failsafe straps adjacent to the stringer S-
18A straps on multiple Boeing Model 737-800 airplanes during a
passenger-to-freighter conversion. The affected airplanes had
accumulated between 35,578 and 37,329 total flight cycles. Cracking in
the STA 663.75 frame fitting outboard chords and failsafe straps
adjacent to the stringer S-18A straps, if not addressed, could result
in failure of a Principal Structural Element (PSE) to sustain limit
load. This condition could adversely affect the structural integrity of
the airplane and result in loss of control of the airplane.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Multi-Operator Message MOM-MOM-19-0536-01B,
dated September 30, 2019. This service information describes procedures
for a detailed inspection for cracking of the left and right hand side
outboard chords of the STA 663.75 frame fittings and failsafe straps
adjacent to the stringer S-18A straps. This service information also
provides procedures for reporting inspection results to Boeing. 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.

FAA's Determination

    The FAA is issuing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

AD Requirements

    This AD requires repetitive inspections for cracking of the left
and right hand side outboard chords of the STA 663.75 frame fittings
and failsafe straps adjacent to the stringer S-18A straps. This AD also
requires repair of all cracking using a method approved by the FAA or
The Boeing Company Organization Designation Authorization (ODA). This
AD also requires sending a report of all results of the initial
inspection to Boeing.

Interim Action

    The FAA considers this AD interim action. The inspection reports
that are required by this AD will enable the manufacturer to obtain
better insight into the nature, cause, and extent of the cracking, and
eventually to develop final action to address the unsafe condition.
Once final action has been identified, the FAA might consider further
rulemaking.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because cracking in the STA 663.75 frame fitting outboard chords and
failsafe straps adjacent to the stringer S-18A straps could result in
failure of a PSE to sustain limit load. This condition could adversely
affect the structural integrity of the airplane and result in loss of
control of the airplane. The compliance time for the required action is
shorter than the time necessary for the public to comment and for
publication of the final rule.
    Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds
that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2019-
0711 and Product Identifier 2019-NM-167-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
    The FAA will post all comments the agency receives, without change,
to http://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the agency receives about this final rule.

Regulatory Flexibility Act

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

Costs of Compliance

    The FAA estimates that this AD affects 1,911 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Action                   Labor cost         Parts cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection...................  1 work-hour x $85 per              $0  $85 per inspection    $162,435 per
                                hour = $85 per                         cycle.                inspection cycle.
                                inspection cycle.
Reporting....................  1 work-hour x $85 per              $0  $85.................  $162,435.
                                hour = $85.
----------------------------------------------------------------------------------------------------------------

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

Paperwork Reduction Act

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

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2019-20-02 The Boeing Company: Amendment 39-19755; Docket No. FAA-
2019-0711; Product Identifier 2019-NM-167-AD.

(a) Effective Date

    This AD is effective October 3, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracking discovered in the
left and right hand side outboard chords of the station (STA) 663.75
frame fittings and failsafe straps adjacent to the stringer S-18A
straps. The FAA is issuing this AD to address cracking in the STA
663.75 frame fitting outboard chords and failsafe straps adjacent to
the stringer S-18A straps, which could result in failure of a
Principal Structural Element (PSE) to sustain limit load. This
condition could adversely affect the structural integrity of the
airplane and result in loss of control of the airplane.

(f) Compliance

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

(g) Inspection and Corrective Action

    At the earlier of the times specified in paragraphs (g)(1) and
(2) of this AD: Do a detailed inspection for cracking of the left
and right hand side outboard chords of the STA 663.75 frame fittings
and failsafe straps adjacent to the stringer S-18A straps, in
accordance with Boeing Multi-Operator Message MOM-MOM-19-0536-01B,
dated September 30, 2019. If any crack is found, repair before
further flight using a method approved in accordance with the
procedures specified in paragraph (k) of this AD. Repeat the
inspection thereafter at intervals not to exceed 3,500 flight
cycles.
    (1) Prior to the accumulation of 30,000 total flight cycles, or
within 7 days after the effective date of this AD, whichever occurs
later.
    (2) Prior to the accumulation of 22,600 total flight cycles, or
within 1,000 flight cycles after the effective date of this AD,
whichever occurs later.

(h) Report

    At the applicable time specified in paragraph (h)(1) or (2) of
this AD, submit a report of all findings, positive and negative, of
the initial inspection required by paragraph (g) of this AD. Submit
the report in accordance with Boeing Multi-Operator Message MOM-MOM-
19-0536-01B, dated September 30, 2019.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 3 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 3 days after the effective date of this
AD.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
airplane can be repaired if any crack is found, provided the
Manager, Seattle ACO Branch, FAA, concurs with issuance of the
special flight permit. Send requests for concurrence by email to<EMAIL_ADDRESS>
(j) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public

reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Comments concerning the accuracy of this burden and
suggestions for reducing the burden should be directed to the FAA
at: 800 Independence Ave. SW, Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (l) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(l) Related Information

    For more information about this AD, contact Greg Rutar,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Multi-Operator Message MOM-MOM-19-0536-01B, dated
September 30, 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 30, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-21672 Filed 10-2-19; 8:45 am]
 BILLING CODE 4910-13-P


From:	Antonio Santos<EMAIL_ADDRESS>Sent:	Tuesday, April 20, 2010 6:05 PM
To:	Tanya Parise
Subject:	RE: Question Related to EPA's NESHAP for Existing Stationary SI Engines

Hi, Tanya.  Just received another reply today (see below).

Antonio

---

Engines less than 500 hp - My best estimate would be 20-30 % (not too sure of
total engine counts in operation); however, I am seeing that many of the
packagers of the small engine compressors are now including catalysts.  There
are still a large number of engines in the field that do not have engine
aftertreatment.

Engines larger than 500 hp - I would estimate 80-90% have aftertreatment;
however, I would like to mention that most engines I come across are 750 hp
and larger.  I do not see many 500 to 750 hp engines in use.

And, finally, I don't think there will be any difference from major source or
area source.  What I have found is that on larger engines many operators (such
as DCP Midstream) have taken a pro-active approach and have had catalysts on
the engines for years throughout their fleet.  And the small engine packagers
are now including this as part of the packages in preparation for the NESHAP
for SI engines.

-----Original Message-----
From: Tanya Parise<EMAIL_ADDRESS>Sent: Tuesday, April 20, 2010 9:02 AM
To: Antonio Santos
Subject: RE: Question Related to EPA's NESHAP for Existing Stationary SI
Engines

Antonio,

I appreciate this information.  It helps.  Do you anticipate responses from
any other MECA member companies?

Tanya

-----Original Message-----
From: Antonio Santos<EMAIL_ADDRESS>Sent: Friday, April 09, 2010 5:12 PM
To: Tanya Parise
Subject: RE: Question Related to EPA's NESHAP for Existing Stationary SI
Engines

Tanya - Here's a response to your questions from one of the MECA member
companies (see below).

I sent them the questions exactly as you sent them to me.

1. Does MECA have an estimate of the percentage of rich burn engines currently
operating with NSCR/three-way catalyst?
2. What would the percentage be for engines below 500 HP?
3. Would the percentage be different if you look at engines at a major source
vs. an area source?"

Hope this helps.

Antonio

---

1. For major sources, 100% of rich burn engines would be operating with three-
way catalysts.  For area sources, the estimate is 60-70% of rich burn engines
would be operating with three-way catalysts.  These values are across all
horsepower ranges and the estimates are based on observations of in-use SI
engines.
2. We think the percentage of engines <500 hp equipped with three-way
catalysts is about the same as the numbers in 1. above.
3. Yes, see response to 1. above.

For some of these engines, the catalyst was retrofitted and, for others, the
catalyst came with the original equipment.  We don't have a percentage
breakdown for OE vs. retrofit catalysts.  That said, these engines have very
long life-cycles and so the catalyst can be replaced a number of times.  As
such, we believe a great number of the in-use catalysts are retrofits or
replacements for the original catalyst.

-----Original Message-----
From: Tanya Parise<EMAIL_ADDRESS>Sent: Monday, April 05, 2010 1:43 PM
To: Antonio Santos
Subject: RE: Question Related to EPA's NESHAP for Existing Stationary SI
Engines

Thanks so much.  I appreciate you clearing this up.

-----Original Message-----
From: Antonio Santos<EMAIL_ADDRESS>Sent: Monday, April 05, 2010 11:37 AM
To: Tanya Parise
Subject: RE: Question Related to EPA's NESHAP for Existing Stationary SI
Engines

That is our old location.  MECA's new address is:  2020 North 14th Street,
Suite 220, Arlington, VA 22201.  Our phone number remains the same:  (202)
296-4797.  We no longer share a suite with ICAC (they also moved to a new
office; their new address is:  1220 N. Fillmore Street, #410, Arlington, VA
22201).  ICAC's new phone number is:<PHONE_NUMBER>.

Antonio

-----Original Message-----
From: Tanya Parise<EMAIL_ADDRESS>Sent: Monday, April 05, 2010 11:28 AM
To: Antonio Santos
Subject: RE: Question Related to EPA's NESHAP for Existing Stationary SI
Engines

No problem.  Sounds good.
So is your new location the 1730 M Street, NW, Suite 206 address?  Or is that
your old location?
Are you sharing suites with ICAC?  I was putting together a contact list of
stakeholders and was inputting addresses and phone numbers, etc.

Thanks so much.

Tanya

-----Original Message-----
From: Antonio Santos<EMAIL_ADDRESS>Sent: Monday, April 05, 2010 11:19 AM
To: Tanya Parise
Subject: RE: Question Related to EPA's NESHAP for Existing Stationary SI
Engines

Hi, Tanya.  My apologies for not getting back to you sooner.  Your e-mail fell
through the cracks during our office move last month (we changed e-mail
providers as part of the move and messages were lost).  Thanks for the
reminder.  I just sent out an inquiry to the MECA members.  As before, I'll
send to you whatever I hear back (hopefully I'll have some responses before
the end of this week).

Antonio

-----Original Message-----
From: Tanya Parise<EMAIL_ADDRESS>Sent: Monday, April 05, 2010 9:05 AM
To: Antonio Santos
Subject: RE: Question Related to EPA's NESHAP for Existing Stationary SI
Engines

Antonio,

Just a friendly follow-up to make sure you received my below information and
to find out of MECA has an estimate of the number of engines with three-way
catalyst/NSCR?  We're on a tight schedule to get the rule finalized, so any
feedback you have is appreciated.

Tanya

-----Original Message-----
From: Tanya Parise<EMAIL_ADDRESS>Sent: Sunday, March 14, 2010 12:16 PM
To: 'Antonio Santos'
Subject: Question Related to EPA's NESHAP for Existing Stationary SI Engines

Antonio,

I appreciate all the information MECA has provided so far.  I have another
question that I'm hoping MECA can help with.

Does MECA have an estimate of the percentage of rich burn engines currently
operating with NSCR/three-way catalyst?  What would the percentage be for
engines below 500 HP?  Would the percentage be different if you look at
engines at a major source vs. an area source?

Thanks again for your help.

Thanks,
Tanya

Tanya Parise
EC/R Incorporated
501 Eastowne Drive, Suite 250
Chapel Hill, NC 27514
(919) 484-0417