[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 84004-84005]
[FR Doc No: 2020-28372]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0033]

Standard on the Control of Hazardous Energy (Lockout/Tagout);
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

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

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the Standard on the
Control of Hazardous Energy (Lockout/Tagout).

DATES: Comments must be submitted (postmarked, sent, or received) by
February 22, 2021.

ADDRESSES:
    Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the instructions online for submitting comments.
    Facsimile: If your comments, including attachments, do not exceed
10 pages, you may fax them to the OSHA Docket Office at<PHONE_NUMBER>.
    Regular mail, express delivery, hand (courier) delivery, and
messenger service: When using these methods, you must submit a copy of
your comments and attachments to the OSHA Docket Office, OSHA Docket
No. OSHA-2011-0033, Occupational Safety and Health Administration, U.S.
Department of Labor, Room N-3653, 200 Constitution Avenue NW,
Washington, DC 20210. Please note: While OSHA's Docket Office is
continuing to accept and process submissions by regular mail, due to
the COVID-19 pandemic, the Docket Office is closed to the public and
not able to received submissions to the docket by hand, express mail,
messenger, and courier service.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2011-0033).
Because of security-related procedures, submissions by regular mail may
result in a significant delay in receipt. OSHA will place comments and
requests to speak, including personal information, in the public
docket, which may be available online. Therefore, OSHA cautions
interested parties about submitting personal information such as Social
Security numbers and birthdates. For further information on submitting
comments, see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
(202) 693-2222 to obtain a copy of the ICR.

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

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance process to provide the public with an opportunity to
comment on proposed and continuing information collection requirements
in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)). This program ensures that information is in the desired
format, the reporting burden (time and costs) is minimal, the
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the OSH Act, or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires OSHA to obtain
such information with a minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of effort in obtaining said
information (29 U.S.C. 657).
    The Standard on the Control of Hazardous Energy (also referred to
as the ``Lockout/Tagout Standard''), 29 CFR 1910.147, contains several
information collection requirements, which are described below. The
purpose of these requirements is to control the release of hazardous
energy while workers service, maintain, or repair machines or equipment
when activation, start up, or release of energy from an energy source
is possible; proper control of hazardous energy prevents death or
serious injury among these workers.

Energy Control Procedure (Paragraph (c)(4)(i))

    With limited exception, employers must document the procedures used
to isolate from its energy source and render inoperative, any machine
or equipment prior to servicing, maintenance, or repair by workers.
These procedures are necessary when activation, start up, or release of
stored energy from the energy source is possible, and such release
could cause injury to the workers.
    Paragraph (c)(4)(ii) states that the required documentation must
clearly and specifically outline the scope, purpose, authorization,
rules, and techniques workers are to use to control hazardous energy,
and the means to enforce compliance. The document must include at least
the following elements: A specific statement regarding the use of the
procedure; detailed procedural steps for shutting down, isolating,
blocking, and securing machines or equipment to control hazardous
energy; detailed procedural steps for placing, removing, and
transferring lockout or tagout devices, including the responsibility
for doing so; and requirements for testing a machine or equipment to
determine and verify the effectiveness of lockout or tagout devices, as
well as other energy control measures.

Protective Materials and Hardware (Paragraphs (c)(5)(ii)(D) and
(c)(5)(iii))

    Paragraph (c)(5)(ii)(D) requires that lockout and tagout devices
indicate the identity of the employee applying it. Paragraph
(c)(5)(iii) requires that tags warn against hazardous conditions if the
machine or equipment is energized. In addition, the tag must include a
legend such as one of the following: Do Not Start; Do Not Open; Do Not
Close; Do Not Energize; Do Not Operate.

Periodic Inspection Certification Records (Paragraph (c)(6)(ii))

    Under paragraph (c)(6)(i), employers are to conduct inspections of
energy

control procedures at least annually. An authorized worker (other than
an authorized worker using the energy control procedure that is the
subject of the inspection) is to conduct the inspection and correct any
deviations or inadequacies identified. For procedures involving either
lockout or tagout, the inspection must include a review, between the
inspector and each authorized worker, of that worker's responsibilities
under the procedure; for procedures using tagout systems, the review
also involves affected workers, and includes an assessment of the
workers' knowledge of the training elements required for these systems.
Paragraph (c)(6)(ii) requires employers to certify the inspection by
documenting the date of the inspection and identifying the machine or
equipment inspected, the workers included in the inspection, and the
worker who performed the inspection.

Training Certification Records (Paragraph (c)(7)(iv))

    Under paragraph (c)(7)(iv), employers are to certify that workers
completed the required training, and that this training is up-to-date.
The certification is to contain each worker's name and the training
date. Written certification of the training assures the employer that
workers receive the training specified by the standard.

Notification of Employees (Paragraph (c)(9))

    This provision requires the employer or authorized worker to notify
affected workers prior to applying, and after removing, a lockout or
tagout device from a machine or equipment.

Off-Site Personnel (Contractors, etc.) (Paragraph (f)(2)(i))

    When the on-site employer uses an off-site employer (e.g., a
contractor) to perform the activities covered by the scope and
application of the standard, the two employers must inform each other
regarding their respective lockout or tagout procedures.

II. Special Issues for Comment

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

III. Proposed Actions

    OSHA is requesting an adjustment decrease of 126,403.49 burden
hours (from 2,749,315 hours to 2,622,911.51 hours). This decrease is
the result of updated data showing a decrease in the number of affected
high-impact establishments (from 292,825 to 290,560 establishments). In
addition, OSHA is requesting an adjustment decrease of $102,032.08 in
operation and maintenance costs (from $1,472,686.00 to $1,370,653.92)
associated with the purchase of tags and ties by employers. This
decrease is also a result of updated data showing a reduction of the
number of high-impact establishments.
    Type of Review: Extension of a currently approved collection.
    Title: Standard on the Control of Hazardous Energy (Lockout/
Tagout).
    OMB Control Number: 1218-0150.
    Affected Public: Business or other for-profits.
    Number of Respondents: 773,209.
    Frequency: Initially; Annually; On occasion.
    Average Time per Response: Varies.
    Estimated Number of Responses: 69,257,657.
    Estimated Total Burden Hours: 2,622,911.51.
    Estimated Cost (Operation and Maintenance): $1,370,653.92.

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

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2011-0033). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify electronic comments by
your name, date, and the docket number so that the agency can attach
them to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>)
for information about materials not available through the website, and
for assistance in using the internet to locate docket submissions.

V. Authority and Signature

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

    Signed at Washington, DC, on December 18, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-28372 Filed 12-22-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39272-39274]
[FR Doc No: 2016-14200]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-1495]

Factors To Consider Regarding Benefit-Risk in Medical Device
Product Availability, Compliance, and Enforcement Decisions; Draft
Guidance for Industry and Food and Drug Administration Staff;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the draft guidance entitled ``Factors to Consider
Regarding Benefit-Risk in Medical Device Product Availability,
Compliance, and Enforcement Decisions.'' This draft guidance, when
finalized, is intended to provide clarity for FDA staff and industry
regarding the benefit and risk factors FDA may consider in prioritizing
resources for compliance and enforcement efforts to maximize medical
device quality and patient safety. Although product availability and
other medical device compliance and enforcement decisions are generally
fact-specific, FDA believes that consideration of the factors listed in
the draft guidance, when relevant, will improve the consistency and
transparency of those decisions and that a shared understanding of
benefit and risk will better align industry's and FDA's focus on
actions that maximize benefit to patients, improve medical device
quality, and reduce risk to patients. This draft guidance is not final
nor is it in effect at this time.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by September 14, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://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 http://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): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets

Management, 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-1495 for the draft guidance entitled ``Factors to Consider
Regarding Benefit-Risk in Medical Device Product Availability,
Compliance, and Enforcement Decisions.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at http://www.regulations.gov or at
the Division of Dockets Management 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 http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. 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: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://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 Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ann M. Ferriter, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 3680, Silver Spring, MD 20993, 301-796-
5530.

SUPPLEMENTARY INFORMATION:

I. Background

    The draft guidance, when finalized, is intended to provide a shared
benefit-risk framework for FDA and stakeholders and to set forth
overarching principles. FDA may consider the types of benefit-risk
factors described in the draft guidance--including reliable patient
preference information from a representative sample--on a case-by-case
basis when determining the appropriate regulatory action to take and to
help ensure that informed and science-based decisions are made to the
greatest extent practicable. Factors may be weighted differently for
different types of decisions.
    In addition, the draft guidance, when finalized, is intended to
harmonize FDA's approach to weighing benefits and risks for medical
device product availability, compliance, and enforcement decisions with
FDA's benefit-risk framework for evaluating medical device marketing
and investigational device exemption (IDE) applications. The benefit-
risk factors in the draft guidance also support evaluation of medical
devices with real world evidence.
    The principles described in the draft guidance may be applicable to
industry and FDA decisions. The benefit-risk factors may be considered
when device manufacturers evaluate appropriate responses to
nonconforming product or regulatory compliance issues, such as
determining whether to limit the availability of a medical device
(e.g., a voluntary recall or market withdrawal). FDA may evaluate the
benefit-risk factors during, for example, assessments of device
shortage situations, selection of the appropriate regulatory engagement
mechanism following an inspection during which regulatory non-
compliance was observed, evaluation of recalls and consideration of
petitions for variance from those sections of the Quality System
regulation (21 CFR part 820) for which there were inspectional
observations during a premarket approval (PMA) preapproval inspection.
Premarket review decisions, such as premarket notification (510(k))
substantial equivalence determinations, de novo classification, and
PMA, humanitarian device exemption (HDE) or IDE application approval
decisions, are beyond the scope of this draft guidance.
    The draft guidance applies to both diagnostic and therapeutic
medical devices subject to, and exempt from, premarket review. The
scope of the draft guidance excludes medical devices regulated by FDA's
Center for Biologics Evaluation and Research (CBER); combination
products, as defined in 21 CFR 3.2(e), for which the Center for Devices
and Radiological Health (CDRH) is not the lead Center; and electronic
products that are not devices as defined in section 201(h) of the
Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 321) as
regulated by CDRH under the Electronic Product Radiation Control (ERPC)
provisions in the FD&C Act and implementing regulations (21 CFR
Subchapter J--Radiological Health). This draft guidance does not apply
to products (e.g., drugs, biologics, dietary supplements, foods,
tobacco products, or cosmetics) regulated by other FDA Centers.

II. Significant of Guidance

    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Factors to
Consider Regarding Benefit-Risk in Medical Device Product Availability,
Compliance, and Enforcement Decisions.'' 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.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by using the Internet. A search capability for all CDRH guidance
documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at http://www.regulations.gov.
    Persons unable to download an electronic copy of ``Factors to
Consider regarding Benefit-Risk in Medical Device Product Availability,
Compliance, and Enforcement Decisions'' may send an email request to
<EMAIL_ADDRESS>to receive an electronic copy of the
document. Please use the document number 1500065 to identify the
guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations.

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 21 CFR part 7,
subpart C, have been approved under OMB control number 0910-0249. The
collections of information in 21 CFR parts 801 and 809, regarding
labeling, have been approved under OMB control number 0910-0485. The
collections of information in 21 CFR part 803, regarding medical device
reporting, have been approved under OMB control numbers 0910-0291,
0910-0437, and 0910-0471. The collections of information in 21 CFR part
806 have been approved under OMB control number 0910-0359. The
collections of information in 21 CFR part 807, subpart E, have been
approved under OMB control number 0910-0120. The collections of
information in 21 CFR part 810, regarding medical device recall
authority, have been approved under OMB control number 0910-0432. The
collections of information in 21 CFR part 812 have been approved under
OMB control number 0910-0078. The collections of information in 21 CFR
part 814, subparts B and E, have been approved under OMB control number
0910-0231. The collections of information in 21 CFR part 820, regarding
the Quality System regulation, have been approved under OMB control
number 0910-0073. The collections of information in 21 CFR part 822,
regarding postmarket surveillance of medical devices, have been
approved under OMB control number 0910-0449.

    Dated: June 8, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-14200 Filed 6-15-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Rules and Regulations]
[Pages 1335-1337]
[FR Doc No: 2011-267]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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

Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Rules
and Regulations

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

5 CFR Part 3401

[Docket No. RM11-3-000; Order No. 744]

Supplemental Standards of Ethical Conduct for Employees of the
Federal Energy Regulatory Commission

January 4, 2011.
AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (FERC or Commission),
with the concurrence of the Office of Government Ethics (OGE), is
amending the Supplemental Standards of Ethical Conduct for Employees of
the Federal Energy Regulatory Commission (FERC Supplemental Standards).
The final rule expands existing FERC Supplemental Standards involving
prohibited financial interests and clarifies an exception to the
general prohibition. The rule codifies existing reporting, divestiture,
and disqualification requirements related to prohibited financial
interests and clarifies that an employee may be eligible to defer the
tax consequences of divestiture under subpart J of 5 CFR part 2634. The
amendments codify the current agency practice regarding
disqualification and waivers. See 5 CFR 2635.403(a). Additionally, the
amendment makes minor revisions to the definitions.

DATES: Effective January 10, 2011.

FOR FURTHER INFORMATION CONTACT: Jeffrey Kaplan, Office of the General
Counsel, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer,
Philip D. Moeller, John R. Norris, and Cheryl A. LaFleur.

I. Background

    1. The Office of Government Ethics (OGE) has issued rules setting
out the Standards of Ethical Conduct for Employees of the Executive
Branch at 5 CFR part 2635 (Standards). The FERC Supplemental Standards
at 5 CFR part 3401 were issued to provide an additional degree of
assurance that agency decisions are not influenced by non-merit
considerations and to protect the integrity of the Commission's
programs and processes. These rules were designed to prevent Commission
employees from taking actions that violate, or may appear to violate,
conflict of interest laws or certain criminal statutes, or may create
an appearance of a loss of impartiality.
    2. The Commission has reexamined its prohibition on ownership of
securities and is making several revisions to the FERC Supplemental
Standards pursuant to its rulemaking authority under 5 CFR Part 2635.
The Commission has determined, with OGE's concurrence, that certain
amendments to its existing regulations are needed.

II. Analysis of the Rule Changes

Section 3401.102--Prohibited financial interests

Section 3401.102(a)--Prohibited Financial Interests; General
Prohibition
    3. The FERC Supplemental Standards generally prohibit employees
from acquiring or holding securities of entities regulated by the
Commission. 5 CFR 3401.102(a). The Commission has determined that the
general prohibition does not cover all entities that may be affected by
Commission regulation. The Energy Policy Act of 2005 (EPAct 2005),
Public Law 109-58, 119 Stat. 594 (2005), which amended section 3 of the
Natural Gas Act (NGA),\1\ gives the Commission exclusive authority to
approve an application for siting, construction, expansion, or
operation of a liquefied natural gas (LNG) terminal under section 3 of
the NGA. EPAct 2005 defines an LNG terminal as including ``all natural
gas facilities located onshore or in State waters that are used to
receive, unload, store, transport, gasify, liquefy, or process natural
gas that is imported to the United States from a foreign country,
exported to a foreign country from the United States, or transported in
interstate commerce by waterborne vessel.'' 15 U.S.C. 717a(11). The
acquisition or ownership of securities in an LNG terminal is not
prohibited, however, by existing FERC Supplemental Standards.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 717b.
---------------------------------------------------------------------------

    4. Also, the Commission's Supplemental Standards currently prohibit
only the acquisition or holding of any securities of ``any electric
utility engaged in the wholesale sale or transmission of electricity or
having obtained an interconnection or wheeling order under Part II of
the Federal Power Act.'' However, the Supplemental Standards do not
expressly apply to ownership of securities of a ``transmitting
utility,'' an entity redefined in EPAct to mean ``an entity (including
an entity described in section 201 (f)) that owns, operates, or
controls facilities used for the transmission of electric energy--(A)
in interstate commerce; (B) for the sale of electric energy at
wholesale.'' 16 U.S.C. 796(23).
    5. The Commission recognizes that the existing general prohibition
is not broad enough to expressly give the Commission the flexibility to
prohibit the acquisition or holding of securities in all FERC regulated
entities. To close the gap and to protect the integrity of the
Commission's programs and processes, the Commission amends the general
prohibition by prohibiting an employee, and the spouse or minor
children of an employee, from owning securities of a ``transmitting
utility'' and a liquefied natural gas terminal as defined by section 3
of the Natural Gas Act.
    6. The amendment also provides flexibility to the Designated Agency
Ethics Official (DAEO) to amend the list of entities whose securities
an employee, or spouse or minor child of an employee, may not acquire
or hold due to changes in legislation or regulation. The regulation
codifies the Office of General Counsel's practice of maintaining a
prohibited securities list that bars Commission employees from
acquiring or holding securities of a company found on the list.

Section 3401.102(b)--Prohibited Financial Interests; Prohibited
Securities List
    7. The Final Rule codifies current practice that a prohibited
securities list shall be maintained by the Office of General Counsel's
General and Administrative Law section, updated annually or on a more
frequent basis, and published and distributed on the Commission's
Intranet Web site. The regulation also gives the DAEO discretion to
determine whether the securities of an entity otherwise prohibited by
paragraph (a) may be omitted from the prohibited securities list
because the entity does not present concerns of impartiality and
further allows the DAEO to determine whether the securities of an
entity not included in paragraph (a) should, nevertheless, be deemed
prohibited because the acquisition or holding of securities of such a
particular entity presents concerns of impartiality. The discretion is
appropriate because the types of entities currently prohibited may
change over time due to corporate restructuring, mergers, legislation
and regulation.
Section 3401.102(c)--Prohibited Financial Interests; Exception
    8. The amendment clarifies the Commission's longstanding exception
to the general prohibition of paragraph 3401.102(a) for interests in
mutual funds that do not have a stated objective of concentrating their
investments in prohibited securities. The exception was previously
included in the definition of the term ``securities,'' but caused
confusion. The rule continues to prohibit holdings in a mutual fund if
the stated objective is to concentrate the fund's investments in
securities prohibited by paragraph 3401.102(a).
Section 3401.102(d)--Prohibited Financial Interests; Reporting and
Divestiture
    9. The amendment codifies the current reporting and
disqualification requirements for interests in prohibited securities.
    10. Paragraph 3401.102(d)(1), Reporting of prohibited securities,
requires written notification to the DAEO of any interest prohibited
under paragraph 3401.102(a). A new employee must report a prohibited
financial interest within 30 days of the commencement of employment. If
a prohibited security is acquired without specific intent after
employment begins, such as through gift, inheritance, or marriage, the
acquisition must be reported within 30 days of the acquisition of such
interest.
    11. Paragraph 3401.102(d)(2), Divestiture of prohibited securities,
requires that, except in the case where a waiver has been granted
pursuant to paragraph 3401.102(e), prohibited financial interests must
be divested within 90 days from the date divestiture is directed by the
DAEO. This provision is consistent with 5 CFR 2635.403(d).
    12. Paragraph 3401.102(d)(3), Disqualification pending divestiture,
codifies the current agency practice of requiring that an employee
disqualify himself or herself pending the divestiture discussed above
from participating in particular matters which, as a result of
continued ownership of prohibited securities, would affect the
financial interests of the employee, or those of the spouse or minor
child of the employee. The amendment continues to allow waiver from the
disqualification rule where 5 CFR 2635.402(d) (pertaining to waiver of
or exemptions from disqualification under 18 U.S.C. 208) applies.
    13. Finally, paragraph 3401.102(d)(4), Special tax treatment of
gain on divested securities, clarifies that an employee may be eligible
to defer paying capital gains tax on investments sold to comply with
the conflict of interest requirements under 26 U.S.C. 1043 and subpart
J of 5 CFR part 2634.
Section 3401.102(e)--Prohibited Financial Interests; Waiver
    14. The waiver section is substantially the same as the existing
waiver provision. The rule adds a minor revision by explicitly
requiring that waivers granted by the DAEO be in writing. The writing
requirement is consistent with 5 CFR 2635.402(d)(2)(ii).
Section 3401.102(f)--Prohibited Financial Interests; Definitions
    15. The term securities is revised to eliminate the portion of the
definition related to mutual funds.

III. Regulatory Findings

A. Administrative Procedure Act

    16. Pursuant to 5 U.S.C. 553(a)(2), notice of proposed rulemaking,
opportunity for public comment, and a 30-day delayed effective date are
not applicable to this final rule because this rule is limited to
agency organization, management, or personnel matters and is exempt
from the provisions of Executive Order Nos. 12866 and 12988.

B. Regulatory Flexibility Act Analysis

    17. Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. chapter 6) do
not apply.

C. Paperwork Reduction Act

    18. The Paperwork Reduction Act, 44 U.S.C. chapter 35, does not
apply because this rulemaking does not contain information collection
requirements subject to the approval of the Office of Management and
Budget.
Effective Date
    This regulation includes rules relating to agency management or
personnel; it also includes rules of agency organization, procedure or
practice that do not substantially affect the rights or obligations of
nonagency parties. As such, pursuant to 5 U.S.C. 804, this regulation
is effective January 10, 2011.

List of Subjects in 5 CFR Part 3401

    Conflicts of interest, Government employees.

    Submitted: October 18, 2010.

    By the Commission.
Kimberly Bose,
Secretary, Federal Energy Regulatory Commission.
    Approved: October 21, 2010.
Robert I. Cusick,
Director, Office of Government Ethics.
    For the reasons set forth in the preamble, the Commission, with the
concurrence of OGE, amends Part 3401 of Title 5, Code of Federal
Regulations, as follows:

PART 3401--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE FEDERAL ENERGY REGULATORY COMMISSION

0
1. The authority citation for part 3401 continues to read as follows:

    Authority:  5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government
Act of 1978); 42 U.S.C. 7171, 7172; E.O. 12674, 54 FR 15159, 3 CFR,
1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR,
1990 Comp., p. 306; 5 CFR 2635.105, 2635.402(c), 2635.403,
2635.502(e), 2635.604, 2635.803.

0
2. Section 3401.102 is revised to read as follows:

Sec.  3401.102  Prohibited financial interests.

    (a) General prohibition. No employee, and no spouse or minor child
of an employee, shall acquire or hold any securities issued by an
entity on the prohibited securities list described in paragraph (b) of
this section. The list shall include, but not be limited to the
following:
    (1) Natural gas companies;
    (2) Interstate oil pipelines;
    (3) Hydroelectric licensees or exemptees;

    (4) Public utilities;
    (5) Transmitting utilities or electric utilities engaged in the
wholesale sale or transmission of electricity or having obtained an
interconnection or wheeling order under part II of the Federal Power
Act;
    (6) Liquefied natural gas terminals as defined by section 3 of the
Natural Gas Act; or
    (7) Parent companies of an entity identified in paragraphs (a)(1)
through (a)(6) of this section.
    (b) Prohibited securities list. A prohibited securities list shall
be maintained, published, and distributed by the Office of the General
Counsel's General and Administrative Law section, updated annually or
on a more frequent basis to include entities that meet the criteria in
paragraph (a) or are otherwise subject to the Commission's jurisdiction
and to remove entities that do not raise impartiality concerns after
considering the above criteria.
    (c) Exception. Nothing in this section prohibits an employee, or
the spouse or minor child of an employee, from acquiring or holding an
interest in a publicly traded or publicly available mutual fund or
other collective investment fund, or in a widely held pension or mutual
fund, provided: (1) That the employee neither exercises control nor has
the ability to exercise control over the financial interests held in
the fund; or (2) that the fund's prospectus or practice does not
indicate the stated objective of concentrating its investments in
entities identified in paragraphs (a)(1) through (a)(7) of this
section.
    (d) Reporting and divestiture-- (1) Reporting of prohibited
securities. An employee must promptly report in writing to the DAEO any
acquired interest prohibited under paragraphs (a) and (b) of this
section. New employees must report in writing to the DAEO prohibited
financial interests within 30 days of commencement of employment.
Prohibited financial interests acquired after employment commences and
without specific intent, such as through gift, inheritance, or
marriage, must be reported in writing to the DAEO within 30 days of
acquisition of such interest.
    (2) Divestiture of prohibited securities. A prohibited financial
interest must be divested within 90 days from the date divestiture is
ordered by the DAEO unless the employee obtains a written waiver from
the DAEO in accordance with this section.
    (3) Disqualification pending divestiture. Pending divestiture of
prohibited securities, an employee must disqualify himself or herself,
in accordance with 5 CFR 2635.402 and 3401.103, from participating in
particular matters which, as a result of continued ownership of
prohibited securities, could affect the financial interests of the
employee or those of the spouse or minor child of the employee.
Disqualification is not required where a waiver described in Sec.
2635.402(d) applies.
    (4) Tax treatment of gain on divested securities. Where divestiture
is required by this section, the employee or the spouse or minor child
of an employee may be eligible to defer the tax consequences of
divestiture by obtaining a Certificate of Divestiture from the Director
of the Office of Government Ethics before selling the securities in
accordance with subpart J of 5 CFR part 2634.
    (e) Waiver. The DAEO may grant a written waiver from this section
based on a determination that the waiver is not inconsistent with 5 CFR
part 2635 of this title or otherwise prohibited by law and that, under
the particular circumstances, application of the prohibition is not
necessary to avoid the appearance of an employee's misuse of position
or loss of impartiality, or to otherwise ensure confidence in the
impartiality and objectivity with which the Commission's programs are
administered, or in the case of a special Government employee,
divestiture would result in substantial financial hardship. A waiver
under this paragraph must be in writing and may impose appropriate
conditions, such as requiring execution of a written disqualification.
    (f) Definitions. For the purposes of this section:
    (1) The term securities includes an interest in debt or equity
instruments. The term includes, without limitation, secured and
unsecured bonds, debentures, notes, securitized assets, and commercial
paper, as well as all types of preferred and common stock. The term
encompasses both current and contingent ownership interests, including
any beneficial or legal interest derived from a trust. It extends to
any right to acquire or dispose of any long or short position in such
securities and includes, without limitation, interests convertible into
such securities, as well as options, rights, warrants, puts, calls, and
straddles with respect thereto.
    (2) The term parent means a company that possesses, directly or
indirectly, the power to direct or cause the direction of the
management and policies of an entity identified in paragraphs (a)(1)
through (a)(6) of this section.

[FR Doc. 2011-267 Filed 1-7-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Proposed Rules]
[Pages 34958-34960]
[FR Doc No: 2013-13797]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0500; Directorate Identifier 2012-SW-45-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron, Inc. (Bell),
Model Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede an existing airworthiness
directive (AD) for the Bell Model 412, 412CF, and 412EP helicopters.
The AD currently requires reidentifying each affected part-numbered
main rotor yoke (yoke) on its data plate, reducing the retirement life
of the reidentified yoke, and revising the Airworthiness Limitations
section of the maintenance manual or the Instructions for Continued
Airworthiness (ICAs) accordingly. Since we issued the AD, we have
discovered that the affected yokes do not have a data plate, making
compliance with the part-marking requirements of the existing AD
impossible. This proposed AD would retain the current requirements with
the exception of the P/N marking location. The actions specified in
this AD are intended to prevent fatigue cracking of a yoke, failure of
the yoke, and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by August 12, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the economic
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 service information identified in this proposed AD, contact
Bell Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.bellcustomer.com/files/. You may review service information at the
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Michael Kohner, ASW-170, Aviation
Safety Engineer, Rotorcraft Directorate, Rotorcraft Certification
Office, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817)
222-5170, fax<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or

federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    On February 12, 2009, we issued AD 2009-05-09, Amendment 39-15833
(74 FR 11001, March 16, 2009), for Bell Model 412, 412CF, and 412EP
helicopters. The AD requires reidentifying each affected part-numbered
yoke based on whether it was ever installed on a Model 412CF helicopter
or on a Model 412 or 412EP helicopter with a slope landing kit. The AD
also requires reducing the retirement life of each reidentified yoke
from 5,000 hours time-in-service (TIS) to 4,500 hours TIS and revising
the Airworthiness Limitations section of the maintenance manual or ICAs
accordingly. Finally, the AD requires recording each reidentified yoke
P/N and the reduced retirement life on the component history card or
equivalent record. The AD was prompted by a fatigue analysis that shows
that the retirement life should be reduced on certain yokes. Those
actions are intended to prevent fatigue cracking of a yoke, failure of
the yoke, and subsequent loss of control of the helicopter.

Actions Since Existing AD Was Issued

    Since we issued AD 2009-05-09 (74 FR 11001, March 16, 2009), we
have discovered that the affected yokes do not have a data plate,
making compliance with the part-marking requirements of the existing AD
impossible. Bell determined the new P/N should be etched on the side of
the yoke rather than on the data plate and issued Revision A to Alert
Service Bulletin (ASB) No. 412-08-128 for the Bell Model 412 and 412EP
helicopters (ASB 412-08-128A) and ASB No. 412CF-08-35 for the Bell
Model 412CF helicopters (ASB 412CF-08-35A), both dated April 14, 2009.
Bell also determined the etched surface on the side of the yoke would
need to be treated with a chemical film and refinished after
reidentifying the P/N to protect the yoke from corrosion.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other helicopters of these same type
designs.

Related Service Information

    ASB 412-08-128A and ASB 412CF-08-35A contain procedures for
reidentifying the yoke by using a vibrating stylus to etch a new P/N on
the side of the yoke. These ASBs also specify recording the new P/N on
the component history card and reducing the retirement life of the
yoke.

Proposed AD Requirements

    This proposed AD would retain the current requirements of AD 2009-
05-09 (74 FR 11001, March 16, 2009), with the exception of the P/N
marking location. This proposed AD would require that the new P/N be
etched on the side of the yoke instead of on the data plate as required
by AD 2009-05-09. This action would also require treating the etched
surface on the side of yoke with a chemical film and refinishing the
yoke after reidentifying the P/N.

Costs of Compliance

    We estimate that this proposed AD would affect 115 helicopters of
U.S. Registry. We estimate that operators may incur the following costs
in order to comply with this AD. It would take about 3 work hours to
review and revise the records to reflect the new retirement life and
reidentify the P/N at an average labor rate of $85 per work hour. Based
on these estimates, the cost would be $255 per helicopter and $29,325
for the U.S. operator fleet. Replacing a yoke would take about 20 work
hours and $50,196 for the required parts for a cost of $51,896 per
helicopter.

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, 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 to the extent that
it justifies making a regulatory distinction; 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.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2009-05-09, Amendment 39-15833 (74

FR 11001, March 16, 2009), and adding the following new AD:

Bell Helicopter Textron, Inc.: Docket No. FAA-2013-0500; Directorate
Identifier 2012-SW-45-AD.

(a) Applicability

    This AD applies to Model 412 and 412EP helicopters with a main
rotor yoke assembly (yoke), part number (P/N) 412-010-101-123, -127,
-129, or -133, installed; and Model 412CF helicopters with a yoke,
P/N 412-010-101-127 or -129, installed; certificated in any
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as fatigue cracking of a
yoke, failure of the yoke, and subsequent loss of control of the
helicopter.

(c) Affected ADs

    This AD supersedes AD 2009-05-09, Amendment 39-15833 (74 FR
11001, March 16, 2009).

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time, unless it has been
accomplished previously.

(e) Required Actions

    Within 10 hours time-in-service (TIS):
    (1) Review the helicopter records to determine all of the
helicopter models on which an affected yoke has been installed since
its production and the hours TIS of each affected yoke.
    (2) If an affected part-numbered yoke is installed or has ever
been installed on a Model 412CF helicopter or on a Model 412 or
412EP helicopter with a (BHT-412-SI-62) slope landing kit, P/N 412-
704-012-101, installed, do the following:
    (i) Reidentify the P/N on the side of the yoke by using a
vibrating stylus and etching two lines through the last three digits
of the existing P/N and etching ``137FM'' adjacent to where you
etched through the last three digits of the original P/N. This
converts each affected yoke P/N to a new yoke P/N 412-010-101-137FM.
The serial number remains the same.

    Note 1 to paragraph (e)(2)(i) of this AD: The ``FM'' P/N suffix
denotes a field-modified part.

    (ii) Treat the etched surface with chemical film, and apply
primer and paint.
    (iii) Record the reidentified P/N on the applicable component
history card or equivalent record.
    (3) If you cannot determine all the model helicopters on which
an affected yoke has been installed since its production or whether
it has ever been installed on a Model 412 or 412EP helicopter with a
(BHT-412-SI-62) slope landing kit, P/N 412-704-012-101, installed,
perform the actions required by paragraphs (e)(2)(i) through
(e)(2)(iii) of this AD.
    (4) For each reidentified yoke, P/N 412-010-101-137FM, reduce
the retirement life from 5,000 hours TIS to 4,500 hours TIS. Record
the revised life limit on the applicable component history card or
equivalent record.
    (5) Revise the Airworthiness Limitations section of the
applicable maintenance manual or the Instructions for Continued
Airworthiness by reducing the retirement life from 5,000 hours TIS
to 4,500 hours TIS for each reidentified yoke, P/N 412-010-101-
137FM.

(f) Special Flight Permit

    Special flight permits will not be issued.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Certification Office, FAA, may
approve AMOCs for this AD. Send your proposal to: Michael Kohner,
ASW-170, Aviation Safety Engineer, 2601 Meacham Blvd., Fort Worth,
Texas 76137; telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under 14 CFR Part 119 operating
certificate or under 14 CFR Part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    Bell Helicopter Textron, Inc. Alert Service Bulletins No. 412-
08-128 and No. 412CF-08-35, both Revision A and both dated April 14,
2009, which are not incorporated by reference, contain additional
information about the subject of this AD. For service information
identified in this AD, contact Bell Helicopter Textron, Inc., P.O.
Box 482, Fort Worth, TX 76101; telephone<PHONE_NUMBER>; fax (817)
280-6466; or at http://www.bellcustomer.com/files/. You may review
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.

(i) Subject

    Joint Aircraft System/Component (JASC) Code: 6220 Main Rotor
Head.

    Issued in Fort Worth, Texas, on June 3, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-13797 Filed 6-10-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Rules and Regulations]
[Pages 42645-42647]
[FR Doc No: 2022-15233]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0465]
RIN 1625-AA09

Drawbridge Operation Regulation; Erie Canal, Part of the New York
State Canal System, in Albion, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the E-200 North Main Street Bridge, mile 293.15,
over the Erie Canal to allow contractors to rehabilitate the bridge.

DATES: This temporary final rule is effective from October 1, 2022,
through April 1, 2024.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number in the ``SEARCH'' box and click ``SEARCH''. In the
Document Type column, select ``Supporting & Related Material''.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Mr. Lee D. Soule, Bridge Management
Specialist, Ninth Coast Guard District; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the bridge will be locked in the
fully open position during the rehabilitation process and will only
encroach on the waterway with under bridge type vehicles. Also an NPRM
at this time would be impractical since the contractors and dates have
been secured; by the time an NPRM can be published, there would be no
time to reschedule this type of work. There are also a number of
bridges in close proximity to this project for land traffic. This
rehabilitation project is required to maintain the bridge in
serviceable condition for all modes of transportation at this crossing.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
499. The E-200 North Main Street Bridge, mile 293.15, over the Erie
Canal is required to open on signal and be manned by a drawtender
twenty-four hours a day, for twelve months a year as required by 33 CFR
117.7. The bridge provides a vertical clearance of 3-feet in the closed
position and 16-feet in the open position and a horizontal clearance of
120-feet.
    The Erie Canal is part of the New York State Canal System and is a
525-mile federally regulated waterway that connects Hudson Bay to Lake
Erie and is listed on the National Register of Historic Places in its
entirety as a National Historic Landmark. Powered and unpowered
recreational vessels and commercial and historic vessels travel the
waterway.

IV. Discussion of the Rule

    This rule will allow the contractor to utilize under bridge
equipment to temporarily encroach on the navigational clearance of the
bridge to perform steel rehabilitation work to the bridge. The bridge
will be locked in the fully open to navigation position for the
duration of the project and the contractor will provide spotters to
warn of approaching vessels and move the man lifts to allow vessels to
pass under the bridge. The permitted navigation lights for the bridge
will be replaced by steady burning yellow lights on the bottom and
four-corners of the draw span after power is disconnected from the
bridge. The regular permitted navigation lights will be replaced and
re-energized at the end of the project.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that
vessels can still transit the bridge throughout the rehabilitation
process.

B. 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 rule
will not have a significant economic impact on a substantial number of
small entities because vessels may pass through the bridge at any time
during the rehabilitation.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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 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
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the

aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

G. 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.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
 2. From October 1, 2022 through April 1, 2024, temporarily add Sec.
117.783T to read as follows:

Sec.  117.783T   Erie Canal.

    The E-200 North Main Street Bridge, mile 293.15, over the Erie
Canal, in Albion, NY will be rehabilitated with under bridge vehicles.
The Bridge will remain in the open to navigation position for the
duration of the project. Spotters will warn of approaching vessels and
move the man lift to allow vessels to pass. Bridge lighting will be
temporarily replaced with steady burning yellow lights on the bottom
and four-corners of the bridge where they can best be seen by vessels
approaching from up river or down river of the bridge.

M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2022-15233 Filed 7-15-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 5, 2007 (Volume 72, Number 23)]
[Notices]
[Page 5305-5306]
[DOCID:fr05fe07-73]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55191; File No. SR-ISE-2007-01]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of a Proposed Rule Change Relating to Rule 2113
Long and Short Sales

January 29, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 5, 2007, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which items have been prepared
by the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend ISE Rule 2113 (Long and Short Sales)
to conform its language to Rule 10a-1(a)(1)(i) promulgated under the
Act. The text of the proposed rule change is available at http://www.ISE.com
, at the Exchange, and at the Commission's Public Reference

Room.

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

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

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

    (1) Purpose--Currently, Rule 2113 provides that the Exchange will
not execute a short sale order below the price at which the last sale
was effected on the Exchange. The purpose of this filing is to amend
ISE Rule 2113 (Long and Short Sales) to conform its language to Rule
10a-1(a)(1)(i) promulgated under the Act, whereby the Exchange will not
execute a short sale order below the price at which the last sale was
reported pursuant to an effective transaction reporting plan, as
defined in Rule 242.600 under the Act.
    (2) Basis--The basis under the Act for this proposed rule change is
found in Section 6(b)(5). Specifically, the Exchange believes the
proposed rule change is consistent with Section 6(b)(5) requirements
that the rules of an exchange be designed to promote just and equitable
principles of trade, serve to remove impediments to and perfect the
mechanism for a free and open market and a national market system, and,
in general, to protect investors and the public interest.

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

    The proposed rule change does not impose any burden on competition
that is 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 not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date 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 such 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 e-mail to<EMAIL_ADDRESS>Please include

File No. SR-ISE-2007-01 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-ISE-2007-01. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE. 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-ISE-2007-01 and should be submitted on or before
February 26, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\3\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-1763 Filed 2-2-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Notices]
[Pages 58239-58240]
[FR Doc No: 2015-24533]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-552-000]

Northern Natural Gas Company; Notice of Application

    Take notice that on September 9, 2015, Northern Natural Gas Company
(Northern) pursuant to section 7(c) of the Natural Gas Act (NGA), the
Federal Energy and Regulatory Commission's (FERC) regulations under and
18 CFR part 157 filed in Docket No. CP15-552-000, an application for
certification and all authorizations necessary to construct and operate
new natural gas transportation facilities in Gaines County, Texas, as
more fully set forth in the application which is on file with the
Commission and open for public inspection. The filing may also be
viewed on the web 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. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions concerning this application may be directed to:
Michael T. Loeffler, Senior Director Certificates and External Affairs,
Northern Natural Gas Company, P.O. Box 3330, Omaha, Nebraska 68103-
0330, Phone:<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>(402) 398-7103, or Bret Fritch, Senior
Regulatory Analyst, at<PHONE_NUMBER>.
    Specifically, Northern proposes to construct and operate a
greenfield

compressor station in Section 125, Block G, Gaines County, Texas. Plans
include installation of two units: (1) Solar Taurus 70-10802S with
approximately 11,152 horsepower (HP); and (2) Solar Taurus 60-7302S
with approximately 6,937 HP. The combined units have an ISO rating of
18,089 HP. The suction side of the compressor station will be connected
to the 30- inch-diameter Spraberry to Plains pipeline. The station will
discharge to the 30-inch diameter Kermit to Beaver pipeline. The
proposed Project includes the installation of a station suction
scrubber, a station recycle control valve, lube-oil coolers, a
discharge gas cooler, blowdown silencers, unit inlet air filters and
exhaust systems, a backup generator, fuel gas heating skids, a fire/gas
detection system, an air compressor and dryer system, two compressor
buildings, a control building, an auxiliary building, a septic system
and associated above-grade and below-grade piping, valves and
instrumentation. The compressor buildings will contain noise-
attenuating panels, insulation and air inlet/exhaust hoods. A new six-
foot tall fence, topped by three rows of barbed wire, will surround the
perimeter of the new compressor station yard. Facilities will provide
for incremental peak-day firm service of 210,000 dekatherms per day
(Dth/d). Northern will acquire an approximately 20-acre site for the
new compressor station. Northern also requests herein approval for
rolled-in rate treatment of the expansion costs. The estimated capital
cost of the facilities proposed is $40,692,877.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit an original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on October 13, 2015.

    Dated: September 22, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24533 Filed 9-25-15; 8:45 am]
BILLING CODE 6717-01-P