[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Rules and Regulations]
[Pages 25665-25666]
[FR Doc No: E9-12602]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0391]
RIN 1625-AA00

Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety
Zone in Chicago Harbor from May 2009 through June 2009. This action is
necessary protect vessels and people from the hazards associated with
fireworks displays. During the enforcement period, no person or vessel
may enter the security zone without the permission of the Captain of
the Port Lake Michigan Zone.

DATES: The regulations in Sec.  165.931 will be enforced from May 23,
until June 27, 2009.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail BM2 Kraft, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL in 33 CFR
165.931 for the following events during the dates and times indicated
below:
    (1) Navy Pier Sunday Fireworks; on May 24, 2009 from 9:15 p.m.
through 9:45 p.m.
    (2) Navy Pier Wednesday Fireworks; on May 27, 2009 from 9:15 p.m.
through 9:45 p.m.; on June 3, 2009 from 9:15

p.m. through 9:45 p.m.; on June 10, 2009 from 9:15 p.m. through 9:45
p.m.; on June 17, 2009 from 9:15 p.m. through 9:45 p.m.; on June 24,
2009 from 9:15 p.m. through 9:45 p.m.
    (3) Navy Pier Saturday Fireworks; on May 23, 2009 from 10 p.m.
through 10:40 p.m.; on May 30, 2009 from 10 p.m. through 10:40 p.m.; on
June 6, 2009 from 10 p.m. through 10:40 p.m.; on June 13, 2009 from 10
p.m. through 10:40 p.m.; on June 20, 2009 from 10 p.m. through 10:40
p.m.; on June 27, 2009 from 10 p.m. through 10:40 p.m.
    All vessels must obtain permission from the Captain of the Port or
his designated representative to enter, move within or exit the safety
zone. Vessels and persons granted permission to enter the safety zone
shall obey all lawful orders or directions of the Captain of the Port
or a designated representative. While within a safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
    This notice is issued under authority of 33 CFR 165.931 Safety
Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL. (published on
June 13, 2007 at 72 FR 32520) and 5 U.S.C. 552 (a). In addition to this
notice in the Federal Register, the Coast Guard will provide the
maritime community with advance notification of these enforcement
periods via broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port will also issue a Broadcast Notice to Mariners
notifying the public when enforcement of the safety zone established by
this section is suspended. The Captain of the Port may be contacted via
U.S. Coast Guard Sector Lake Michigan on channel 16, VHF-FM.

    Dated: May 14, 2009.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E9-12602 Filed 5-28-09; 8:45 am]
BILLING CODE 4910-15-P


[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37359-37362]
[FR Doc No: 2015-16099]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0065]

Notice of Buy America Waiver

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

ACTION: Notice of Buy America waiver; request for comment.

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SUMMARY: This notice provides NHTSA's finding that a public interest
waiver of the Buy America requirements is appropriate for any
manufactured product whose purchase price is $5,000 or less, excluding
a motor vehicle, when such product is purchased using Federal grant
funds administered under Chapter 4 of Title 23 of the United States
Code; and requests public comment.

DATES: The effective date of this waiver is July 30, 2015. Written
comments regarding this notice may be submitted to NHTSA and must be
received on or before July 30, 2015.

ADDRESSES: Written comments may be submitted using any one of the
following methods:
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Fax: Written comments may be faxed to<PHONE_NUMBER>.
     Internet: To submit comments electronically, go to the
Federal regulations Web site at http://www.regulations.gov. Follow the
online instructions for submitting comments.
     Hand Delivery: West Building, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except Federal holidays.
    Instructions: All comments submitted concerning this notice must
include the agency name and docket number. Please note that all
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You
may also call the Docket at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Andrew DiMarsico, Office of Chief
Counsel, NHTSA (phone:<PHONE_NUMBER>). You may send mail to Mr.
DiMarsico at the National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

    The statutory requirement (``Buy America'') states that the
Secretary ``shall not obligate any funds authorized to be appropriated
to carry out the Surface Transportation Assistance Act of 1982 (96
Stat. 2097) or [title 23 of the United States Code] and administered by
the Department of Transportation, unless steel, iron, and manufactured
products used in such project are produced in the United States.'' 23
U.S.C. 313(a). The Secretary of Transportation has delegated the
authority to administer Buy America for NHTSA programs to the
Administrator of NHTSA. 49 CFR 1.95; 49 CFR 501. Buy America provides
that NHTSA may waive those requirements if ``(1) their application
would be inconsistent with the public interest; (2) such materials and
products are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality; or (3)
the inclusion of domestic material will increase the cost of the
overall project contract by more than 25 percent.'' 23 U.S.C. 313(b).
    Buy America establishes a preference for domestically produced
goods for use in Federally sponsored projects. The first Buy America
legislation conditioning the expenditure of Federal funds by NHTSA
grant recipients was enacted in 1978 as part of the Surface
Transportation Assistance Act of 1978. Pub. L. 95-599, 92 Stat. 2689.
The focus of that Buy America provision was on large procurements, such
as bridge replacement projects, and not on smaller, routine
purchases.\1\ The House of Representatives considered excluding up to
$5 million in project costs from the requirements of Buy America, but
ultimately did not pursue a threshold.\2\ The Senate bill sought to
limit Buy America requirements to projects whose costs exceeded $1
million to avoid imposing excessive requirements on small, routine
projects. See H.R. Conf. Rep. 95-1797 (1978), 1978 U.S.C.C.A.N. 6693,
6754. Ultimately, the Senate's proposed threshold was reduced in
conference to $500,000, and the provision became law, establishing a
preference for ``articles, materials, supplies mined, produced or
manufactured'' in the United States and costing more than $500,000.
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    \1\ H.R. Rep. No. 95-1485, 1978 U.S.C.C.A.N. 6575, 6644 (August
11, 1978).
    \2\ Id.
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    In 1983, Congress repealed that Buy America provision and
substituted section 165 of the Surface Transportation Assistance Act of
1982. Pub. L. 97-424, 96 Stat. 2067.\3\ The 1982 enactment specified
that the Buy America prohibition applied to ``steel, cement and
manufactured products'' and eliminated the $500,000 threshold.\4\
Although the threshold was eliminated, Congress acknowledged
circumstances where the prohibition would be difficult to apply and
introduced exceptions under a waiver process that remains in place
today. Pub. L. 97-424, 96 Stat. 2067. One of these exceptions is the
public interest waiver. Id.
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    \3\ Section 165 was originally included as a note to section 23
U.S.C. 101 and codified in 2005 to current its section, 23 U.S.C.
131. See Pub. L. 109-509, 119 Stat. 1464.
    \4\ Congress amended section 165 of the STAA of 1982 by removing
``cement'' in 1984, Pub. L. 98-229. 98 Stat. 55, and by adding
``Iron'' in 1991, Pub. L. 102-240, 105 Stat. 1914.
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    Agencies are permitted to waive the Buy America requirement when
they determine that ``it is inconsistent with the public interest.'' 23
U.S.C. 313(b)(1). In consideration of this authority and consistent
with the purposes of NHTSA's grant programs to reduce accidents and
resulting fatalities and injuries, the agency has determined that it is
appropriate to issue a public interest waiver for small, routine
purchases by States under the highway safety grant programs. In making
this decision and arriving at a reasonable threshold for waiver, NHTSA
remains mindful of the overarching purposes of Buy America, while
evaluating all relevant facts, including administrative burden, delay
and impact on the congressionally authorized State grant programs.

NHTSA Highway Safety Grant Programs

    NHTSA's mission is to reduce deaths, injuries and economic losses
resulting from motor vehicle crashes. This is accomplished by setting
and enforcing safety performance standards for motor vehicles and motor
vehicle equipment, and through grants to States to enable them to
conduct effective State and local highway safety programs. NHTSA's
State highway safety programs are codified in Chapter 4 of Title 23,
United States Code. Chief among these programs is section 402, which
provides formula grants to States to administer a comprehensive highway
safety program designed to reduce traffic accidents and resulting
deaths, injuries and property damage. 23 U.S.C. 402. Section 402
authorizes State programs related to speeding, occupant protection,
impaired driving, accident prevention, school bus safety, unsafe
driving behavior (aggressive, fatigued and distracted driving), traffic
safety law enforcement, driver education, pedestrian and bicycle
safety, and traffic administration (record systems, accident
investigation and emergency services). In addition to the core section
402 grants, NHTSA also administers other grants to the States, which
Congress from time to time authorizes to address specific highway
safety needs. Most recently, under the ``Moving Ahead for Progress in
the 21st Century Act'' (Pub. L. 112-141), Congress authorized the
``National Priority Safety Programs,'' providing additional grants to
States in the areas of occupant protection, State traffic safety
information system improvements, distracted driving, motorcyclist
safety, and State graduated driver licensing laws. See 23 U.S.C. 405.
    In general, States may expend Federal section 402 or 405 funds for
any item or service that is necessary and reasonable for proper and
efficient performance and administration of their highway safety
programs and activities, subject to the statutory requirements and
implementing regulations. See 23 CFR 1200 et seq. Because of the broad
reach of these Federally sponsored highway safety programs, States may
expend grant funds on thousands of different items and activities. In
the area of equipment, allowable purchases range from low cost items
such as office supplies (DVDs, printers and ink cartridges), computers,
cameras, child restraints, motorcycle helmets, and radar speed
detection devices to higher cost items such as police cruisers. In
recent years, NHTSA has seen an increase in waiver requests for
purchases of these smaller commercial items, based on non-availability
in the United States or availability only at a high price differential.
Many of these items cost $5,000 or less. See, e.g., 80 FR 9851 (Feb.
24, 2015) (printers); 79 FR 74811 (Dec. 16, 2014) (child restraints);
79 FR 74812 (Dec. 16, 2014) (training motorcycles); and 79 FR 55529
(Sept. 16, 2014) (DVDs and motorcycle safety vests).

Non-Availability and High Cost Differential Waivers Under Buy America

    State grantees incur significant burdens when required to submit
waivers for small, routine purchases of items that are increasingly not
manufactured in the United States. As part of a waiver request, a State
must demonstrate through a market analysis that the item for which it
seeks a waiver is not available in the United States or will cost 25
percent more than a comparable non-domestic item. For each waiver
request, the agency must, in the exercise of due diligence, perform

an additional independent review and market analysis to confirm that
the item meets either the non-availability exemption or the high cost
differential exemption of Buy America. See 23 U.S.C. 313(b)(2), (b)(3).
This process substantially delays State grantees in obtaining the items
needed to administer and implement important highway safety programs.
It also consumes limited agency resources to administer the highway
safety grants. Moreover, the staff time needed by a State to prepare
individual waivers for many small purchases comes at the expense of
time devoted to implementing these life-saving programs. This is
especially concerning in an era of tight State budgets, where State
highway safety offices administering these grants face increasingly
serious staffing constraints.
    It is important to consider these constraints and burdens in the
historical context of Buy America. During the many years Buy America
has been in place, a significant statutory focus has been on purchases
of materials used in construction and large-scale fabrication. Its
application to the grants of transportation agencies such as the
Federal Highway Administration (for road and bridge building materials)
and the Federal Transit Administration (for acquisition of rolling
stock and manufactured end products) is plain, because those materials
are of central importance to those grants. However, by statute, NHTSA
grant funds may not be used for construction. 23 U.S.C. 402(g)(1)(A).
As a result, while steel and iron purchases are not implicated in
NHTSA's grant programs, Buy America's reach to include the small amount
of manufactured products used in NHTSA's programs does not have any
effect on the manufacturer of those items. Under NHTSA's State grant
programs, purchases of small manufactured products that are largely
ancillary rather than central to the purposes of the highway safety
grants (e.g., laptops, printers, ink cartridges, DVDs, and other office
products) are captured by the restriction. Whereas the core expenses
under NHTSA's State grant programs are for reimbursing performance
(estimated at more than 90 percent), such as police enforcement of
State traffic safety laws, safety education, and the like, Buy America
has the effect of restricting or delaying the States' ability to
acquire ancillary support items necessary to successfully deploy these
important highway safety programs. The result is that critical safety
program delivery to the States, and from the States to their
localities, suffers.

Public Interest Waiver

    Based upon the foregoing discussion, NHTSA believes that a public
interest waiver is appropriate to address these delays and burdens and
thereby promote the success of State highway safety programs. NHTSA
concludes that it is in the public interest to waive the Buy America
requirements for a manufactured product whose purchase price is $5,000
or less, with one exception--the purchase of a motor vehicle, as
defined in 49 U.S.C. 30102.\5\ We do not believe that the purchase of
motor vehicles can be reasonably viewed as ancillary in the context of
these highway safety programs, and therefore decline to extend this
public interest waiver to such purchases. The agency has selected this
per-item threshold based on our determination that it is the level
necessary to alleviate the burdens associated with purchases of low-
priced commercially available items that are required for the
successful implementation of the highway safety projects required under
NHTSA grants. In selecting this conservative threshold, we sought to
balance the goals of Buy America with the life-saving goals of the
State highway safety grant programs.
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    \5\ Under that statutory provision, motor vehicle means ``a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public streets, roads, and highways, but does
not include a vehicle operated only on a rail line.'' We recognize
that the cost of most motor vehicles would fall above the threshold
in today's notice. However, this exception from the waiver is
included because the cost of some motor vehicles (for example,
certain motorcycles), may fall below the threshold.
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    A threshold of $5,000 for this waiver is in step with government-
wide requirements and procedures applicable to grantee purchases of
equipment, where the Federal interest starts at the $5,000 level. Under
the Uniform Administrative Requirements, Cost principles, and Audit
Requirements for Federal Awards, equipment is defined as an item having
a per unit cost of $5,000 or more. 2 CFR 200.33. At levels of $5,000
and above, grantees are required to obtain prior approval and account
for equipment purchases. See 2 CFR 200.313; 2 CFR 200.439. In contrast,
at levels below $5,000, Federal procedures governing purchase,
administration, and disposition of items needed for performance of the
grant do not apply. This treatment has also been codified in the NHTSA
regulation implementing these programs, the Uniform Procedures for
State Highway Safety Grant Programs. See 23 CFR 1200.31.
    Moreover, NHTSA's chosen threshold is very conservative when
compared to small purchase waivers or exclusions under Buy America
within the jurisdiction of other operating modes of the U.S. Department
of Transportation. For example, the Federal Transit Administration
issued a general public interest waiver for small purchases, as defined
in DOT's grants management common rule at 49 CFR 18.36(d).\6\ 60 FR
37930 et. seq. (July 24, 1995); 49 CFR 661.7, Appendix A(c). Also,
Congress codified the public interest need for a small purchase waiver
in the Buy America requirement applicable to the Federal Railroad
Administration, setting the threshold at $100,000. 49 U.S.C.
24405(a)(11).
---------------------------------------------------------------------------

    \6\ The DOT Grants Management common rule, 49 CFR part 18, was
repealed and replaced by 2 CFR part 2. See 78 FR 78590 (December 26,
2013).
---------------------------------------------------------------------------

    In light of the above discussion, and pursuant to 23 U.S.C.
313(b)(1), NHTSA finds that it is appropriate to waive Buy America
requirements for a manufactured product, excluding a motor vehicle,
whose cost per unit is $5,000 or less. Therefore, in accordance with
the provisions of Section 117 of the SAFFETEA-LU Technical Corrections
Act of 2008 (Pub. L. 110-244, 122 Stat. 1572), NHTSA is providing this
notice of its finding that a waiver of the Buy America requirements is
appropriate. Written comments on this finding may be submitted through
any of the methods discussed above. This waiver is consistent with the
general government initiatives that promote streamlined government
contracting by Federal agencies and use of Federal funds by grantees to
reduce administrative burdens and increase efficiency to accomplish
agency missions. See E.O. 12931, 59 FR 52387 (October 13, 1994). It
does not eliminate NHTSA's oversight of the State grantees' use of
Federal grant funds. NHTSA's Regional Administrators will continue to
ensure that Federal grantee purchases are necessary and reasonable for
the purposes of the specific highway safety grant program. After the
effective date, grantees must still request a waiver of Buy America
requirements for purchases that exceed the threshold published in
today's notice. The agency will monitor State purchases under the
highway safety grant programs and under this waiver to ensure that the
important policy goals and the spirit of Buy America are maintained.

    Authority: 23 U.S.C. 313; Pub. L. 110-161.

    Issued in Washington, DC, on June 25, 2015 under authority
delegated in 49 CFR part 1.95
Paul A. Hemmersbaugh,
Acting Chief Counsel.
[FR Doc. 2015-16099 Filed 6-29-15; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Notices]
[Page 475]
[DOCID:fr05ja10-146]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, January
7, 2010 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(5), (7), 9(B) and (10) and 17 CFR 200.402(a)(5),
(7), 9(ii) and (10), permit consideration of the scheduled matters at
the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
January 7, 2010 will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
A litigation matter; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at<PHONE_NUMBER>.

    Dated: December 31, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-31429 Filed 12-31-09; 4:15 pm]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1345-1347]
[FR Doc No: 2016-32019]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0567]

[Pediatric Advisory Committee; Notice of Meeting; Establishment
of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of meeting; establishment of a public docket; request
for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Pediatric Advisory Committee
(PAC). The general function of the committee is to provide advice and
recommendations to the Agency on FDA's regulatory issues. The meeting
will be open to the public. FDA is establishing a docket for public
comments.

DATES: The meeting will be held on March 6, 2017, from 8:30 a.m. to
5:30 p.m. and March 7, 2017, from 8:30 a.m. to 12 p.m. The deadline for
submitting comments to the public docket is February 17, 2017. Comments
received on or before February 17, 2017, will be provided to the
committee. Comments received after that date will be taken into
consideration by the Agency.

ADDRESSES: The meeting will be held at DoubleTree by Hilton Hotel
Washington DC--Silver Spring, 8727 Colesville Rd., Silver Spring, MD
20910. The hotel's telephone number is<PHONE_NUMBER>. Answers to
commonly asked questions including information regarding special
accommodations due to a disability, visitor parking, and transportation
may be accessed at http://doubletree3.hilton.com/en/hotels/maryland/doubletree-by-hilton-hotel-washington-dc-silver-spring-DCASSDT/about/amenities.html.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the

instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to make 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 submission 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-N-0567 for ``Pediatric Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the 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 https://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 https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Marieann Brill, Office of the
Commissioner, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 32, Rm. 5154, Silver Spring, MD 20993,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in
the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm. Scroll down to the appropriate advisory
committee meeting link, or call the advisory committee information line
to learn about possible modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The PAC will meet to discuss pediatric-focused safety
reviews, as mandated by the Best Pharmaceuticals for Children Act (Pub.
L. 107-109) and the Pediatric Research Equity Act (Pub. L. 108-155).
Comments about the upcoming March advisory committee meeting should be
submitted to Docket No. FDA-2016-N-0567.
    On March 6, 2017, the PAC will meet to discuss the following
products (listed by FDA Center):
    (1) Center for Drug Evaluation and Research (CDER)
    a. NITROPRESS (sodium nitroprusside)
    b. KUVAN (sapropterin dihydrochloride)
    c. TRUVADA (emtricitabine/tenofovir disoproxil fumarate)
    FDA will provide the analysis of a possible safety signal regarding
the use of the drug product EXJADE (deferasirox) in children with fever
and dehydration, which was discussed at the September 2015 PAC meeting.
The PAC will also discuss the role of pharmacogenomics in pediatric
product development.
    On March 7, 2017, the PAC will meet to discuss the following
products (listed by FDA Center):
    (2) Center for Biologics Evaluation and Research (CBER)
    a. EPICEL (cultured epidermal autografts) (humanitarian device
exemption (HDE))
    b. NOVOEIGHT (Antihemophilic Factor (Recombinant))
    c. RIXUBIS Coagulation Factor IX (Recombinant)
    (3) Center for Devices and Radiological Health (CDRH)
    a. IMPELLA RP SYSTEM (HDE)
    b. LIPOSORBER LA-15 SYSTEM (HDE)
    c. MEDTRONIC ACTIVA DYSTONIA THERAPY (HDE)
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material will be
available at: http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
February 27, 2017. Oral presentations from the public will be scheduled
on March 6 and 7, 2017, between approximately 9 a.m. and 9:30 a.m.
Those individuals interested in making formal oral presentations should
notify the contact person and submit a

brief statement of the general nature of the evidence or arguments they
wish to present, the names and addresses of proposed participants, and
an indication of the approximate time requested to make their
presentation on or before February 17, 2017. Time allotted for each
presentation may be limited. If the number of registrants requesting to
speak is greater than can be reasonably accommodated during the
scheduled open public hearing session, FDA may conduct a lottery to
determine the speakers for the scheduled open public hearing session.
The contact person will notify interested persons regarding their
request to speak by February 21, 2017.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA is establishing a docket for public comment on this document.
The docket number is FDA-2016-N-0567. The docket will close on February
17, 2017. Comments received on or before February 17, 2017 will be
provided to the committee. Comments received after the date will be
taken into consideration by the Agency. For press inquiries, please
contact the Office of Media Affairs at<EMAIL_ADDRESS>or 301-796-
4540.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Marieann Brill at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: December 30, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-32019 Filed 1-4-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: December 20, 2007 (Volume 72, Number 244)]
[Notices]
[Page 72432-72433]
[DOCID:fr20de07-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56968; File No. SR-NYSE-2007-114]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to NYSE Rule 92 and Riskless Principal Trading at the Exchange

December 14, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 11, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange has designated the proposed rule change as a ``non-
controversial'' rule change pursuant to section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed rule
change effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to extend the operative date of NYSE Rule
92(c)(3) from January 16, 2008 to May 14, 2008. The text of the
proposed rule change is available at NYSE, the Commission's Public
Reference Room, and http://www.nyse.com.

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

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

1. Purpose
    The Exchange proposes to extend the delayed operative date of NYSE
Rule 92(c)(3) from January 16, 2008 to May 14, 2008. On July 5, 2007,
the Commission approved amendments to NYSE Rule 92 to permit riskless
principal trading at the Exchange.\5\ In connection with those
amendments, the Exchange implemented NYSE Rule 92(c)(3), which requires
members to submit to a designated Exchange database a report of the
execution of the facilitated order. That rule also requires members to
submit to that same database sufficient information to provide an
electronic link of the execution of the facilitated order to all of the
underlying orders.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 56017 (July 5,
2007), 72 FR 38110 (July 12, 2007) (SR-NYSE-2007-21).
---------------------------------------------------------------------------

    For purposes of NYSE Rule 92(c)(3), the Exchange requires that when
executing riskless principal transactions, firms must submit order
execution reports to the Exchange's Front End Systemic Capture
(``FESC'') database linking the execution of the riskless principal
order on the Exchange to the specific underlying orders. The
information provided must be sufficient for both member firms and the
Exchange to reconstruct in a time-sequenced manner all orders,
including allocations to the underlying orders, with respect to which a
member organization is claiming the riskless principal exception.
    Because the rule change required member organizations to make
certain changes to their trading and order management systems, the
Commission approved a delay to January 16, 2008 of the operative date
of the NYSE Rule 92(c)(3) requirements, including submitting end-of-day
allocation reports for riskless principal transactions and using the
riskless principal account type indicator.
    The Exchange has been working diligently to develop its FESC
database to accept riskless principal order types and the underlying
batch orders. On October 12, 2007, the Exchange published an
Information Memo that provided member organizations with information
relating to the FESC technology interface and data requirements for
riskless principal trading at the Exchange. The development of the
systems, however, has taken longer than anticipated, which could affect
the ability of member organizations to meet the operative date. Several
member organizations have informed the Exchange that they need
additional time to program their respective systems to meet the new
FESC requirements.
    To accommodate both the Exchange's and the member organization
community's need to complete the development of the FESC technology to
both accept and route riskless principal orders, the Exchange proposes
to delay the operative date for NYSE Rule 92(c)(3) from January 16,
2008 to May 14, 2008.
    Pending implementation of the FESC database and use of the riskless
principal account type indicator, the Exchange will continue to require
that,

as of the date each member organization implements riskless principal
routing, the member organization have in place systems and controls
that allow them to easily match and tie the riskless principal
execution on the Exchange to the underlying orders and that they be
able to provide this information to the Exchange upon request.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under section 6(b)(5) \6\ that an Exchange have rules that
are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to section 19(b)(3)(A) of the Act \7\ and
Rule 19b-4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied the five-day pre-filing requirement.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2007-114 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-NYSE-2007-114. 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, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2007-114 and should be submitted on or before January 10, 2008.

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-24728 Filed 12-19-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Rules and Regulations]
[Pages 16188-16191]
[FR Doc No: 2018-07629]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0553; Product Identifier 2016-NM-208-AD; Amendment
39-19250; AD 2018-07-19]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 787-8 and 787-9 airplanes. This AD was prompted by
a report that the parking brake and alternate pitch trim module (PBM)
may unintentionally disengage. This AD requires replacing the PBM and
doing a PBM installation test. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective May 21, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 21,
2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com. You may view this referenced 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-2017-
0553.

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-2017-
0553; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this final rule, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone:<PHONE_NUMBER>) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sean Schauer, Aerospace Engineer,
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 787-8 and 787-9 airplanes. The NPRM published in the Federal
Register on June 12, 2017 (82 FR 26872). The NPRM was prompted by a
report that the PBM may unintentionally disengage, fail to set, fail to
release, or become jammed. The NPRM proposed to require replacing the
PBM and doing a PBM installation test.
    We are issuing this AD to prevent an unintended parking brake
release, which could result in damage to the airplane and be a hazard
to persons or property on the ground.

Comments

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

Request To Revise the Unsafe Condition

    Boeing requested that information not related to the unsafe
condition be removed. Boeing stated that the AD should specifically
address the unintended release of the parking brake module. Boeing also
stated that the additional information describes a reliability
improvement that is not related to the unsafe condition of unintended
parking brake release.
    We agree with the commenter's request to revise the description of
the unsafe condition accordingly, for the reasons provided.

Request To Revise the Applicability

    All Nippon Airways (ANA) requested that no action be required for
airplanes with an original certificate of airworthiness or original
export certificate of airworthiness issued after the effective date of
the AD. ANA commented that the applicability in the proposed AD would
apply to all The Boeing Company Model 787-8 and 787-9 airplanes. ANA
stated that paragraph (g) of the proposed AD is only for airplanes on
which the original certificate of airworthiness or the original export
certificate of airworthiness was issued on or before the effective date
of the AD. ANA also stated that the action that would be required for
airplanes on which the original certificate of airworthiness or the
original export certificate of airworthiness will be issued after the
effective date of this AD is uncertain.
    ANA stated that it has already prohibited installation of PBM part
number (P/N) 4260-0037-3 and -4 on any airplane. ANA also stated that
PBM P/N 4260-0037-5 is installed on the airplanes on which the original
certificate of airworthiness or the original export certificate of

airworthiness will be issued after the effective date of this AD. ANA
commented that therefore, it believes that no action is necessary for
airplanes on which the original certificate of airworthiness or the
original export certificate of airworthiness will be issued after the
effective date of this AD if installation of PBM P/N 4260-0037-3 and -4
is already prohibited before the effective date of this AD.
    We disagree with the commenter's request. We have determined that
the affected parts are rotable parts such that these parts could later
be installed on airplanes that were initially delivered with acceptable
parts, thereby subjecting those airplanes to the unsafe condition.
Therefore, all The Boeing Company Model 787-8 and 787-9 airplanes are
subject to the requirements in paragraph (h) of this AD. We do concur
with the commenter that paragraph (g) of this AD only applies to an
airplane with a certificate of airworthiness or an original export
certificate of airworthiness issued on or before the effective date of
this AD. We have not revised the AD in this regard.

Request To Revise the Compliance Time

    The Air Line Pilots Association, International (ALPA) requested
that the compliance time in the proposed AD be revised. ALPA stated
that the compliance time of 60 months has been provided for both
inspection and replacement of the affected parts. ALPA commented that
the 60 months for inspection and corrective action is excessive. ALPA
also stated that due to the unobtrusive nature of the inspection for
the affected parts, the compliance time for the inspection should be
re-evaluated and reduced to less than that of the compliance time for
the corrective action.
    We disagree with the commenter's request. The compliance time in
this AD is based on FAA analysis of safety risk factors including
consideration of the rulemaking time, as well as the time required to
rework each PBM to the part number 4260-0037-5 configuration. We have
not revised this AD in this regard.

Request To Revise ``In Accordance With'' Language in the Service
Information

    American Airlines (AAL) requested that the ``in accordance with''
language in Boeing Service Bulletin B787-81205-SB320028-00, Issue 001,
dated October 31, 2016, be revised. AAL stated that where the service
information proposes accomplishing the actions ``in accordance with''
the airplane maintenance manual (AMM), ``refer to'' should be used
instead so that compliance with paragraph (g)(2) of the proposed AD can
be properly attained. AAL also stated that paragraph (g)(1) of the
proposed AD does not require verification that the PBM was installed
and the installation tested ``in accordance with'' 787 AMM 32-44-01.
    We agree with the commenter. We agree that the wording in Boeing
Service Bulletin B787-81205-SB320028-00, Issue 001, dated October 31,
2016, should specify ``refer to'' instead of ``in accordance with''
because it allows operators additional flexibility. For clarification,
we have revised paragraph (g)(2) of this AD to state: Where Boeing
Service Bulletin B787-81205-SB320028-00, Issue 001, dated October 31,
2016, specifies accomplishing an action ``in accordance with 787 AMM
32-44-01,'' for this AD ``refer to 787 AMM 32-44-01'' for that action.
Because the corrective action is specified in the AMM and the AMM is no
longer required by ``in accordance with'' text, we have removed the
references to ``applicable corrective actions'' from the first two
sentences of paragraph (g)(2) of this AD and added a new corrective
action statement in paragraph (g)(2) of this AD.

Request To Delete or Modify a Contradictory Sentence

    ANA requested that we delete or modify a contradictory sentence in
the proposed AD. ANA stated that according to paragraph (g) of the
proposed AD, if the PBM is Rockwell Collins P/N 4260-0037-3 or -4, ANA
has to install PBM P/N 4260-0037-5 within 60 months after the effective
date of this AD, and in the last sentence of the paragraph, it says to
do all applicable corrective actions ``before further flight.'' ANA
stated that the two sentences are contradictory and that it is too hard
to do all applicable corrective actions before further flight. ANA also
commented that installing PBM P/N 4260-0037-5 ``within 60 months'' is
acceptable.
    We agree to clarify the compliance time language. Paragraph (g)(2)
of this AD requires installing the PBM, doing the installation test,
and doing applicable corrective actions. Operators have the entire
compliance time of ``within 60 months after the effective date of this
AD'' to accomplish the PBM installation and the installation test.
However, if the test fails, all applicable corrective actions must be
done before further flight after the test. As stated previously, we
have revised the corrective action statement in paragraph (g)(2) of
this AD to clarify the requirements.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin B787-81205-SB320028-00, Issue
001, dated October 31, 2016. The service information describes
procedures for replacing the PBM and doing a PBM installation test.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 68 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Action                           Labor cost             Parts cost            Cost per product               Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection...........................  1 work-hour x $85 per hour =               $0  Up to $85.......................  Up to $5,780.
                                        $85.

PBM replacement and test.............  4 work-hours x $85 per hour =          $9,655  $9,995..........................  $679,660.
                                        $340.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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.
    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 to
the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

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):

2018-07-19 The Boeing Company: Amendment 39-19250; Docket No. FAA-
2017-0553; Product Identifier 2016-NM-208-AD.

(a) Effective Date

    This AD is effective May 21, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8 and 787-9
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32; Landing
gear.

(e) Unsafe Condition

    This AD was prompted by a report that the parking brake and
alternate pitch trim module (PBM) may unintentionally disengage. We
are issuing this AD to prevent an unintended parking brake release,
which could result in damage to the airplane and be a hazard to
persons or property on the ground.

(f) Compliance

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

(g) Inspection and Replacement

    For airplanes on which the original airworthiness certificate or
the original export certificate of airworthiness was issued on or
before the effective date of this AD: Within 60 months after the
effective date of this AD, inspect the PBM to determine the part
number. A review of airplane maintenance or delivery records is
acceptable in lieu of the inspection if the part number of the PBM
can be conclusively determined from that review.
    (1) If the PBM is Rockwell Collins part number (P/N) 4260-0037-
5: No further action is required by this paragraph.
    (2) If the PBM is Rockwell Collins P/N 4260-0037-3 or -4: Within
60 months after the effective date of this AD, install PBM P/N 4260-
0037-5 and do the PBM installation test, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin B787-81205-
SB320028-00, Issue 001, dated October 31, 2016. Where Boeing Service
Bulletin B787-81205-SB320028-00, Issue 001, dated October 31, 2016,
specifies accomplishing an action ``in accordance with 787 AMM 32-
44-01,'' for this AD ``refer to 787 AMM 32-44-01'' for that action.
If the installation test fails, before further flight, do all
applicable corrective actions and repeat the test until the test is
passed.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on
any airplane, a PBM having Rockwell Collins P/N 4260-0037-3 or -4.

(i) 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 ACO, send it to the attention of the person
identified in paragraph (j) of this AD. Information may be emailed
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of

paragraphs (i)(4)(i) and (i)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    For more information about this AD, contact Sean Schauer,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3547; email: [email protected]faa.gov.

 (k) 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 Service Bulletin B787-81205-SB320028-00, Issue 001,
dated October 31, 2016.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on March 30, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-07629 Filed 4-13-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Page 63969]
[FR Doc No: 2011-26526]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64969A; File No. SR-FINRA-2009-028]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Amendment No. 1 to Proposed Rule
Change To Adopt FINRA Rule 2231 (Customer Account Statements) in the
Consolidated FINRA Rulebook; Correction

October 7, 2011.
AGENCY: Securities and Exchange Commission.

ACTION: Notice; correction.

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

SUMMARY: The Securities and Exchange Commission published in the
Federal Register of August 2, 2011 a Notice of Filing of Amendment No.
1 to Proposed Rule Change to Adopt FINRA Rule 2231 (Customer Account
Statements) in the Consolidated FINRA Rulebook (``Notice''). The Notice
contained incorrect information regarding the timing for Commission
action.

FOR FURTHER INFORMATION CONTACT: Alicia Goldin, Division of Trading and
Markets, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549,<PHONE_NUMBER>.

Correction

    In the Federal Register of August 2, 2011, in FR Doc. 2011-19420,
on page 46346, the text beginning at the 8th line of the 2nd column,
under the heading ``Section III. Date of Effectiveness of the Proposed
Rule Change and Timing for Commission Action,'' is corrected to read as
follows:
    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.

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26526 Filed 10-13-11; 8:45 am]
BILLING CODE 8011-01-P


Placeholder: confidential business information item

Honeywell Presentation on 7-30-07

For more information please contact Ross Brennan by phone at
202-343-9226 or by email at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>