[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Rules and Regulations]
[Pages 79469-79472]
[FR Doc No: 2015-30820]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0675; Directorate Identifier 2014-NM-213-AD;
Amendment 39-18340; AD 2015-25-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A330-200, -200 Freighter, and -300 series airplanes; and
all Airbus Model A340-200, -300, -500, and -600 series airplanes. This
AD was prompted by reports of cracks at certain frames of the forward
cargo door. This AD requires a detailed inspection for cracking of
certain forward cargo doors, and repair if necessary. We are issuing
this AD to detect and correct cracking at certain frames, which could
result in the loss of structural integrity of the forward cargo door.

DATES: This AD becomes effective January 26, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 26,
2016.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0675; or in person at the
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.
    For service information identified in this AD, contact Airbus SAS,
Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80;
email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0675.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus Model A330-
200, -200 Freighter, and -300 series airplanes; and all Airbus Model
A340-200, -300, -500, and -600 series airplanes. The NPRM published in
the Federal Register on March 31, 2015 (80 FR 17000). We are issuing
this AD to detect and correct cracking at certain frames, which could
result in the loss of structural integrity of the forward cargo door.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0228, dated October 20, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A330-200, -200 Freighter, and -300 series airplanes; and all Airbus
Model A340-200, -300, -500, and -600 series airplanes. The MCAI states:

    An A330 aeroplane operator reported recently cases of crack
findings on two different aeroplanes, at frame 20A and at frame 20B
close to beam 3 of the forward cargo door. The first finding was
detected during scheduled maintenance, while the second one was
found during an inspection prompted by the first finding. Subsequent
analyses of these cracks identified that the first crack initiated
at frame 20B, which is the first primary load path, leading to
excessive loads at frame 20A and consequent cracking. Nevertheless,
on the other aeroplane, a crack was detected on frame 20A only.
Rupture of both frames 20A and 20B could lead to frame 21 failure
after a limited number of flight cycles (FC).
    This condition, if not detected and corrected, may potentially
result in the loss of structural integrity of the forward cargo
door, which could ultimately jeopardise the aeroplane's safe flight.
    Prompted by these findings, Airbus issued Alert Operators
Transmission (AOT) A52L010-14 to provide instructions for a one-time
inspection of frames 20A, 20B and 21 in the area of beam 3, until
the half pitch between beam 2 and beam 3.
    For the reasons described above, this [EASA] AD requires
identification of the Part Number (P/N) of the affected forward
cargo doors, a one-time detailed inspection (DET) of each affected
door and, depending on findings, accomplishment of applicable
corrective action(s) [contacting Airbus].
    This [EASA] AD is considered to be an interim action and further
AD action may follow.

    Required actions also include sending inspection results to Airbus.
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0675-0002.

Correction for Service Information Typo

    On page 1 of Airbus AOT A52L010-14, dated September 30, 2014, at
section ``2. Referenced Documentation,'' ``Ref. 5'' specifies page
block ``PB.801,'' which is incorrect. This page block should be
``PB.401'' instead. We have added new paragraph (k) to this AD to
account for this correction, and have redesignated subsequent
paragraphs.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (80
FR 17000, March 31, 2015) and the FAA's response to each comment.

Request To Revise Part Number List Sequencing

    American Airlines (AA) requested that we revise the proposed AD (80
FR 17000, March 31, 2015) by swapping the part numbers listed in
paragraphs (g)(1)(ii) and (g)(1)(x) of the proposed AD to maintain
alphanumeric order. American Airlines reasoned that the flow of the
list is confusing.
    We agree to revise paragraphs (g)(1)(ii) and (g)(1)(x) of this AD
for the reasons requested by American Airlines.

Request for Justification

    AA asked whether a root cause has been determined that justifies
the proposed inspection threshold. AA noted that paragraph (g)(1) of
the proposed AD (80 FR 17000, March 31, 2015) proposed that inspections
on all affected doors be completed within 200 flight cycles from the
effective date of the AD. AA further noted from Airbus AOT A52L010-14,
dated September 30,

2014, that the service events that led to the issuance of this
inspection occurred on airplanes with 16,170 and 16,556 total
accumulated flight cycles. Following release of Airbus AOT A52L010-14,
dated September 30, 2014, AA reported that it completed four
inspections in accordance with Airbus AOT A52L010-14, dated September
30, 2014, with no findings, and those inspected airplanes had
accumulated 8,849 to 9,093 total flight cycles.
    We infer that AA considers the proposed compliance times to be
unjustifiably short. We disagree to revise the compliance times in this
AD. At the time of issuance of EASA AD 2014-0228, dated October 20,
2014, it had been determined that fatigue calculations were showing low
life factors at frame C20B. After a failure of frame C20B, the edge
member C20A would be overloaded and could potentially fail within 800
flight cycles, according to damage tolerance calculations. The failure
of the tow frame would be catastrophic. Therefore the decision was made
to mandate a one-time inspection with a compliance time of within 200
flight cycles after the effective date of this AD, which corresponds to
the compliance time specified in EASA AD 2014-0228, dated October 20,
2014. We have made no changes to this AD in this regard.

Request for Credit for Reporting

    AA requested that we revise paragraph (i)(2) of the proposed AD (80
FR 17000, March 31, 2015) to allow credit for reporting that has
already been accomplished before the effective date of this AD. AA
explained that the proposed AD would require operators to submit a
report within 30 days after the AD effective date if the inspection was
done before the effective date of the AD. AA reasoned that this does
not allow for credit to be taken for reports that were submitted in
accordance with Airbus AOT A52L010-14, dated September 30, 2014, prior
to the AD effective date. AA requested that paragraph (i)(2) of the
proposed AD state, ``[i]f the inspection was done before the effective
date of this AD: Submit the report within 30 days after the effective
date of this AD, unless the inspection report was previously
submitted.''
    We agree to allow credit for reporting that has already been
accomplished before the effective date of this AD. The compliance time
in paragraph (i)(2) of this AD is within 30 days after the effective
date of this AD. Reports submitted before that compliance time,
including those submitted before the effective date of this AD (as
specified in paragraph (f) of this AD), are acceptable for compliance
with paragraph (i)(2) of this AD. We have made no changes to this AD in
this regard.

Request To Revise Applicability

    Delta requested that we limit the applicability of the proposed AD
to airplanes equipped with any of the forward cargo doors with the
manufacturer part numbers (MPNs) listed in paragraphs (g)(1)(i) through
(g)(1)(xii) of the proposed AD. Delta noted that paragraphs (c)(1) and
(c)(2) of the proposed AD would apply to the identified airplane
models, unless Modification 202702 had been embodied in production on
certain airplanes.
    Delta stated it had requested clarification from Airbus about the
relationship between the MPNs identified in paragraphs (g)(1)(i)
through (g)(1)(xii) of the proposed AD and airplanes in the pre-Mod
50528 configuration, as specified in Airbus AOT A52L010-14, dated
September 30, 2014. According to Delta, Airbus confirmed via Airbus
Message 80036162, dated April 1, 2015, that because cargo doors are
components and can be swapped during in-service life, Airbus had
intentionally extended the affected airplanes for the required
inspections to include pre-Mod 202702 airplanes that may have affected
doors. Delta then reasoned that since operators can track the
modification status only by the individual airplane, the applicability
should be written to include the MPNs to ensure that operators
understand which airplanes are affected by the AD.
    We disagree with the request to limit the applicability of this AD
(paragraph (c) of this AD) to airplanes having the MPNs identified in
paragraphs (g)(1)(i) through (g)(1)(xii) of this AD. The ``Parts
Installation Prohibition'' specified in paragraph (j) of this AD
applies to all airplanes identified in the paragraph (c) of this AD to
ensure the affected MPNs are not installed on those airplanes. However,
the inspection required by paragraph (g) of this AD is limited to
airplanes having the affected MPNs. We have therefore made no changes
to this AD in this regard.

Request To Revise Cost

    Delta requested that we revise the ``Costs of Compliance''
paragraph in the NPRM (80 FR 17000, March 31, 2015) to state,
``However, Airbus has confirmed that out of qty (260) affected MPN Fwd
cargo doors inspected, all were reported with NIL [no findings]
findings.'' Delta agreed that there is no way of determining the number
of aircraft that might need the corrective actions for inspection
findings, but added that the compliance window of 200 flight cycles for
the inspection is a fairly short compliance window and may likely need
to be accomplished in a line environment. Delta expressed that it may
be prudent to communicate to operators that out of a quantity of 260
forward cargo doors already inspected, there have been NIL findings (as
noted in Airbus Message 80036162, dated April 1, 2015).
    We agree with Delta's request and have revised the ``Costs of
Compliance'' paragraph accordingly in this final rule.

Request for Records Review

    Delta requested that we revise paragraph (g)(1) of the proposed AD
(80 FR 17000, March 31, 2015) to allow for a records review if the part
number can be conclusively determined from that review. Delta reasoned
that without this provision, the operators may consider a physical
review of each forward cargo door to be required.
    For the reason stated by Delta, we agree to allow for a review of
airplane maintenance records to verify whether cargo doors with part
numbers listed in paragraphs (g)(1)(i) through (g)(1)(xii) of this AD
are installed on the airplane. We have revised paragraph (g)(1) of this
AD accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD 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 (80 FR 17000, March 31, 2015) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 17000, March 31, 2015).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51C

    Airbus has issued AOT A52L010-14, dated September 30, 2014. The
service information describes procedures for an inspection for and
repair of cracking of certain forward cargo doors. 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 89 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost $0 per product. Based on
these figures, we estimate the cost of this AD on U.S. operators to be
$7,565, or $85 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 32 work-hours and require parts costing $654,850, for a cost
of $657,570 per product. We have no way of determining the number of
airplanes that might need these actions. However, Airbus has confirmed
that out of 260 affected MPN forward cargo doors already inspected, all
were reported with NIL findings; therefore, we anticipate that few, if
any, airplanes will require these follow-on actions.

Paperwork Reduction Act

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

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0675; 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 AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

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):

2015-25-02 Airbus: Amendment 39-18340. Docket No. FAA-2015-0675;
Directorate Identifier 2014-NM-213-AD.

(a) Effective Date

    This AD becomes effective January 26, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) Airbus Model A330-201, -202, -203, -223, -223F, -243, -243F,
-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes,
all manufacturer serial numbers, except those on which Airbus
Modification 202702 has been embodied in production.
    (2) Airbus Model A340-211, -212, -213, -311, -312, -313, -541,
and -642 airplanes, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of cracks at certain frames of
the forward cargo door. We are issuing this AD to detect and correct
cracking at certain frames, which could result in the loss of
structural integrity of the forward cargo door.

(f) Compliance

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

(g) Inspection and Repair

    (1) Within 200 flight cycles after the effective date of this
AD, do a detailed inspection for cracking of an affected forward
cargo door, having a part number identified in paragraphs (g)(1)(i)
through (g)(1)(xii) of this AD, at frames 20A, 20B, and 21 areas
located above beam 3, from outside and inside, in accordance with
Airbus Alert Operators Transmission (AOT) A52L010-14, dated
September 30, 2014, except as required by paragraph (k) of this AD.
A review of airplane maintenance records is acceptable to determine
if an affected forward cargo door is installed provided that the
part number of the forward cargo door can be conclusively determined
from that review.
    (i) F523-70500-000.
    (ii) F523-70500-004.
    (iii) F523-70500-006.
    (iv) F523-70500-008.
    (v) F523-70500-010.
    (vi) F523-70500-012.
    (vii) F523-70500-014.
    (viii) F523-70550-000.
    (ix) F523-70550-002.
    (x) F523-70550-004.
    (xi) F523-70550-008.
    (xii) F523-70550-050.
    (2) If any crack is found during the inspection required by
paragraph (g)(1) of

this AD, before further flight, repair using a method approved by
the Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA); or
Airbus's EASA Design Organization Approval (DOA).

(h) Definition of Detailed Inspection

    For the purposes of this AD, a detailed inspection is an
intensive examination of a specific item, installation, or assembly
to detect damage, failure, or irregularity. Available lighting is
normally supplemented with a direct source of good lighting at an
intensity deemed appropriate. Inspection aids such as a mirror,
magnifying lenses, etc., may be necessary. Surface cleaning and
elaborate procedures may be required.

(i) Reporting Requirement

    Submit a report of the findings (both positive and negative) of
the inspection required by paragraph (g)(1) of this AD to Serge
KIYMAZ, Structure Engineer, Structure Engineering--SEES1 CUSTOMER
SERVICES, Phone: +33(0)5 82 05 10 33, Fax: +33(0)5 61 93 36 14,
email<EMAIL_ADDRESS>at the applicable time specified in
paragraph (i)(1) or (i)(2) of this AD. The report must include the
information identified in Airbus AOT A52L010-14, dated September 30,
2014.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(j) Parts Installation Limitation

    As of the effective date of this AD, installation of a forward
cargo door having any part number specified in paragraphs (g)(1)(i)
through (g)(1)(xii) of this AD is permitted on any airplane,
provided that prior to installation, the door is inspected and,
depending on the findings, corrected, in accordance with Airbus AOT
A52L010-14, dated September 30, 2014, except as required by
paragraph (k) of this AD.

(k) Exception to the Service Information

    On page 1 of Airbus AOT A52L010-14, dated September 30, 2014, at
section ``2. Referenced Documentation,'' ``Ref. 5'' specifies page
block ``PB.801,'' which is incorrect. This page block should be
``PB.401'' instead.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM 116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES 200.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2014-0228, dated October 20, 2014, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-
0675-0002.

(n) 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 this AD specifies otherwise.
    (i) Airbus Alert Operators Transmission A52L010-14, dated
September 30, 2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (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 Renton, Washington, on November 25, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-30820 Filed 12-21-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 11, 2008 (Volume 73, Number 239)]
[Notices]
[Page 75463-75464]
[DOCID:fr11de08-88]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2008-1122]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0048

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) and Analysis to the Office of Management and Budget (OMB)
requesting an extension of its approval for the following collection of
information: 1625-0048, Vessel Reporting Requirements. Before
submitting this ICR to OMB, the Coast Guard is inviting comments as
described below.

DATES: Comments must reach the Coast Guard on or before February 9,
2009.

ADDRESSES: To avoid duplicate submissions to the docket [USCG-2008-
1122], please use only one of the following means:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (DMF) (M-30), U.S. Department
of Transportation (DOT), West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
    (3) Hand deliver: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.
    The DMF maintains the public docket for this notice. Comments and
material

received from the public, as well as documents mentioned in this notice
as being available in the docket, will become part of this docket and
will be available for inspection or copying at Room W12-140 on the West
Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. You may also find this docket on the Internet at http://
www.regulations.gov.
    A copy of the complete ICR is available through this docket on the
Internet at http://www.regulations.gov. Additionally, copies are
available from Commandant (CG-611), U.S. Coast Guard Headquarters,
(Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593-
0001. The telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    The Coast Guard invites comments on whether this Information
Collection Request should be granted based on the collection being
necessary for the proper performance of Departmental functions. In
particular, the Coast Guard would appreciate comments addressing: (1)
The practical utility of the collections; (2) the accuracy of the
estimated burden of the collections; (3) ways to enhance the quality,
utility, and clarity of information subject to the collections; and (4)
ways to minimize the burden of collections on respondents, including
the use of automated collection techniques or other forms of
information technology.
    We encourage you to respond to this request by submitting comments
and related materials. We will post all comments received, without
change, to http://www.regulations.gov. They will include any personal
information you provide. We have an agreement with DOT to use their
DMF. Please see the ``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include the
docket number [USCG-2008-1122], indicate the specific section of the
document to which each comment applies, providing a reason for each
comment. We recommend you include your name, mailing address, an e-mail
address, or other contact information in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the DMF at the address under ADDRESSES; but please
submit them by only one means. If you submit them by mail or delivery,
submit them in an unbound format, no larger than 8-\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period. In response
to your comments, we may revise the ICR or decide no to seek an
extension of approval for this collection.
    Viewing comments and documents: Go to http://www.regulations.gov to
view documents mentioned in this notice as being available in the
docket. Enter the docket number for this Notice [USCG-2008-1122] in the
Search box, and click ``Go >>.'' You may also visit the DMF in Room
W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act notice regarding our public dockets in the January 17, 2008 issue
of the Federal Register (73 FR 3316).

Information Collection Request

    Title: Vessel Reporting Requirements.
    OMB Control Number: 1625-0048.
    Summary: Owners, Charterers, Managing Operators, or Agents of U.S.
vessels must immediately notify the Coast Guard if they believe the
vessel may be lost or in danger. The Coast Guard uses this information
to investigate the situation and, when necessary, plan appropriate
search and rescue operations.
    Need: Section 2306(a) of 46 U.S.C. requires the owner, charterer,
managing operator, or agent of a vessel of the United States to
immediately notify the Coast Guard if: (1) There is reason to believe
that the vessel may have been lost or imperiled, or (2) more than 48
hours have passed since last receiving communication from the vessel.
These reports must be followed by written confirmation submitted to the
Coast Guard within 24 hours. The implementing regulations are contained
in 46 CFR Part 4.
    Forms: None.
    Respondents: Businesses or other for profit organizations.
    Frequency: On occasion.
    Burden Estimate: The estimated annual burden remains 137 hours per
year.

    Dated: December 2, 2008.
D.T. Glenn,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
 [FR Doc. E8-29362 Filed 12-10-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Rules and Regulations]
[Page 21103]
[FR Doc No: 2023-07444]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0271]

Safety Zone; Menominee River, Marinette, WI

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the safety zone on the Menominee
River in Marinette, WI, on April 15, 2023, from 7:30 a.m. to 2:00 p.m.
This action is necessary and intended to protect the safety of life and
property on navigable waterways before, during and after the launch of
a naval vessel from Marinette Marine on the Menominee River in
Marinette, WI. During the enforcement period, the Coast Guard will
enforce restrictions upon, and control movement of, vessels in the
safety zone. No person or vessel may enter, transit, or anchor within
the safety zone while it is being enforced unless authorized by the
Captain of the Port Lake Michigan or a designated representative.

DATES: The regulations in row (3) of Table 4 to 33 CFR 165.929 will be
enforced from 7:30 a.m. through 2:00 p.m. on April 15, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email Chief Petty Officer Jeromy Sherrill, Sector
Lake Michigan Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Annual Events Requiring Safety Zones in the Captain of the Port
Lake Michigan Zone listed in 33 CFR 165.929, Table 4, row (3) for the
operations at Marinette Marine on April 15, 2023, from 7:30 a.m. to
2:00 p.m. This action is being taken to protect the safety of life and
property on navigable waterways of the Menominee River, WI, for the
launching of a naval vessel. The safety zone will encompass all waters
of the Menominee River in the vicinity of Marinette Marine Corporation,
from the U.S. HWY 41 Bridge to the Ogden Street Bridge.
    Pursuant to 33 CFR 165.23 and 165.929, entry into, transiting, or
anchoring within the safety zone during an enforcement period is
prohibited unless authorized by the Captain of the Port Lake Michigan
or a designated representative. Those seeking permission to enter the
safety zone may request permission from the Captain of Port Lake
Michigan via channel 16, VHF-FM. Vessels and persons granted permission
to enter the safety zone shall obey the directions of the Captain of
the Port Lake Michigan or a designated representative.
    This notification of enforcement is issued under authority of 33
CFR 165.929 and 5 U.S.C. 552(a). In addition to this notification of
enforcement in the Federal Register, the Coast Guard will provide the
maritime community with advance notification of this enforcement period
via Broadcast Notice to Mariners or Local Notice to Mariners. If the
Captain of the Port Lake Michigan determines that the safety zone need
not be enforced for the full duration stated in this notification,
permission to enter the safety zone may be granted using a Broadcast
Notice to Mariners.
    The Captain of the Port Lake Michigan or a designated
representative will inform the public through a Broadcast Notice to
Mariners of any changes in the planned schedule. The Captain of the
Port Lake Michigan or a representative may be contacted via Channel 16,
VHF-FM or at<PHONE_NUMBER>.

    Dated: March 31, 2023.
Doreen Mccarthy,
Commander, U.S. Coast Guard, Acting Captain of the Port Lake Michigan.
[FR Doc. 2023-07444 Filed 4-7-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Page 30616]
[FR Doc No: 2014-12293]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1619]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Current Good Manufacturing Practice
in Manufacturing, Packaging, Labeling, or Holding Operations for
Dietary Supplements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Current Good Manufacturing
Practice in Manufacturing, Packaging, Labeling, or Holding Operations
for Dietary Supplements'' has been approved by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On February 27, 2014, the Agency submitted a
proposed collection of information entitled ``Current Good
Manufacturing Practice in Manufacturing, Packaging, Labeling, or
Holding Operations for Dietary Supplements'' to OMB for review and
clearance under 44 U.S.C. 3507. An Agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. OMB has now
approved the information collection and has assigned OMB control number
0910-0606. The approval expires on May 31, 2017. A copy of the
supporting statement for this information collection is available on
the Internet at http://www.reginfo.gov/public/do/PRAMain.

    Dated: May 21, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-12293 Filed 5-27-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Notices]
[Pages 13075-13081]
[FR Doc No: 2019-06431]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85441; File No. SR-OCC-2019-003]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change To Require That an Actionable
Identifier Be Included on Customer and Non-Customer Securities Options
Trades Other Than Market Maker Trades

March 28, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'' or ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on March 20, 2019, the Options Clearing
Corporation (``OCC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by OCC. 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. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    OCC proposes to amend Rule 401 to require that an ``Actionable
Identifier'' be included on all customer and non-customer securities
options trades submitted to OCC for processing, other than Market-Maker
trades. OCC also proposes to make certain minor, non-substantive
amendments to Rule 401 to fix an omission and certain references in the
rule. The proposed changes to OCC's Rules can be found in Exhibit 5 to
the filing. All terms with initial capitalization that are not
otherwise defined herein have the same meaning as set forth in the By-
Laws and Rules.\3\
---------------------------------------------------------------------------

    \3\ OCC's By-Laws and Rules can be found on OCC's public
website: http://optionsclearing.com/about/publications/bylaws.jsp.
---------------------------------------------------------------------------

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

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

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

(1) Purpose
    The Clearing Member Trade Assignment (``CMTA'') process at OCC
allows a Clearing Member that executed a securities options trade
(i.e., the Executing Clearing Member) to send the trade directly
through OCC to another Clearing Member for clearance and settlement
(i.e., the Carrying Clearing Member).\4\ In particular, under the CMTA
process, an Executing Clearing Member and a Carrying Clearing Member
can agree to have securities options trades for customers and non-
customers effected by the Executing Clearing Member sent directly
through OCC to the Carrying Clearing Member's omnibus accounts at OCC
for clearance and settlement.\5\ For some time, Clearing Members have
been concerned with the risks they face in handling trades they cannot
timely identify in connection with the CMTA process. Clearing Members
have reached out to OCC to help them address these risks.
---------------------------------------------------------------------------

    \4\ See OCC Rule 407. An ``Executing Clearing Member'' is
defined in Article I, Section 1.E.(12) of the By-Laws as ``a
Clearing Member, on its own behalf or as the Clearing Member of an
Introducing Broker that has been authorized by a Carrying Clearing
Member to direct confirmed trades to be transferred to a designated
account of the Carrying Clearing Member pursuant to such Clearing
Members' CMTA arrangement.'' A ``Carrying Clearing Member'' is
defined in Article I, Section 1.C.(12) of the By-Laws as ``a
Clearing Member that has authorized an Executing Clearing Member to
direct the transfer of a confirmed trade to a designated account of
such Carrying Clearing Member pursuant to a CMTA arrangement.''
    \5\ The term ``customer'' is defined in Article I, Section 1.C.
(37) of the By-Laws with regard to listed options as ``a person
having a securities account at a broker or dealer other than a non-
customer of such broker or dealer.'' The term ``non-customer'' is
defined in Article I, Section 1.N.(1) of the By-Laws effectively as
``a person that is not a customer of a broker or dealer as defined
in Rules 8c-1 and 15c2-1 under the Securities Exchange Act of
1934,'' including ``a Member Affiliate that has consented to having
its securities account at a Clearing Member treated as a non-
customer account.'' OCC Clearing Members hold omnibus accounts at
OCC for customer positions (i.e., a ``customers' account'' as
defined in Article I, Section 1.C.(37) of the By-Laws) and non-
customer positions (i.e., a ``firm account'' as defined in Article
I, Section 1.F.(6) of the By-Laws).
---------------------------------------------------------------------------

    In response to these concerns, OCC proposes to amend Rule 401 to
require that an ``Actionable Identifier,'' as described below, be
included on all customer and non-customer securities options trades
submitted to OCC for processing, other than Market-Makers trades.\6\
OCC believes that having an Actionable Identifier on customer and non-
customer trades (other than Market-Maker trades) will allow Clearing
Members to more timely identify trades transmitted as part of a CMTA
arrangement as well trades transmitted through the ``give-up'' process
at exchanges, which is described below.
---------------------------------------------------------------------------

    \6\ Rule 401 specifies the information that Clearing Members
need to include in trades submitted to OCC. As described below,
Market-Maker trades already include information that allows a
Clearing Member that clears for Market-Makers to assign the trades
to individual Market-Maker accounts.
---------------------------------------------------------------------------

    OCC also proposes to make certain minor, non-substantive amendments
to Rule 401 to fix an omission and certain references in the rule.
These changes to the rule are described at the end of this section.
Background on CMTA and Give-Up Trade Processes
    Governed by Rule 407, the CMTA process was created to allow an
Executing Clearing Member to seamlessly transfer trades to individual
customer and non-customer accounts at a Carrying Clearing Member in a
timely fashion.\7\ For instance, the process allows a customer to hold
its positions with its preferred prime broker (i.e., Carrying Clearing
Member), but provides the customer with flexibility to use specialized
execution brokers (e.g., Executing Clearing Members) that offer cheaper
or faster executions of trades. An example of such an arrangement is as
follows:
---------------------------------------------------------------------------

    \7\ Certain provisions related to the CMTA process were never
implemented because they contemplated that the exchanges would adopt
rules to implement them. In particular, Rule 401(a) provides that
confirmed trade information submitted to OCC ``include a Customer
CMTA Indicator, a CMTA Customer Identifier, and an IB Identifier to
the extent required under applicable Exchange rules.'' Such rules
were never adopted.

    Customer A maintains a prime brokerage account with Carrying
Clearing Member that holds all the Customer's securities positions
(equities, options, etc.). Customer A wishes to trade an option, but
would prefer using Executing Clearing Member to execute the trade
due to its trading expertise and cost. Customer A instructs
Executing Clearing Member to buy the option and ``CMTA'' the trade
to Customer A's prime brokerage account at Carrying Clearing Member.
Carrying Clearing Member and Executing Clearing Member have a CMTA
arrangement at OCC. When Executing Clearing Member executes the
trade, it includes data on the trade which instructs OCC to settle
the trade in Carrying Clearing Member's omnibus customer account at
---------------------------------------------------------------------------
OCC once the trade is received by OCC.

    The primary concern raised by Carrying Clearing Members is that
they could receive customer trades through the CMTA process that they
may not recognize in a timely manner because the trades do not include
information that allows them to quickly identify the correct customer
account at the Carrying Clearing Member or that the trade should have
been sent to another Carrying Clearing Member. If the Carrying Clearing
Member is unable to timely identify the correct customer account for
the trade or that the trade should have been sent to another Carrying
Clearing Member, it ends up holding the position overnight and is
responsible for the margin for the position as well as possible
assignment risk related to the position. Carrying Clearing Members are
concerned about the potential risks they face in such a situation.
    Executing Clearing Members have expressed concern that they are not
at fault in such a situation, noting that sometimes the orders they
execute do not include individual customer or non-customer account
information. They note that this could happen, for instance, when an
order is sent to them by an Introducing Broker who wishes to keep the
customer anonymous for fear of losing the customer business.\8\ This
also could happen when a trading desk at a Clearing Member Group with
multiple trading desks uses an Executing Clearing Member to execute a
non-customer (i.e., proprietary) trade but does not include an account
identifier on the trade that would allow staff at the Carrying Clearing
Member within the Clearing Member Group to identify which trading desk
executed the trade.\9\ Nonetheless, Executing Clearing Members
recognize and acknowledge that the CMTA process could be further
streamlined to make it more efficient.
---------------------------------------------------------------------------

    \8\ The term ``Introducing Broker'' is defined in Article I,
Section 1.I.(12) of the By-Laws as ``a broker-dealer or futures
commission merchant that takes an order for a transaction in a
cleared contract from a CMTA Customer, executes or arranges for
another broker-dealer or futures commission merchant to execute such
transaction and, in the case of an Introducing Broker that is not a
Clearing Member, arranges for its Clearing Member or the executing
broker-dealer's or futures commission merchant's Clearing Member to
direct the resulting confirmed trade to be transferred to a
designated account of a Carrying Clearing Member.''
    \9\ The term ``Clearing Member Group'' is defined in Article I,
Section 1.C.(17) of the By-Laws as ``a Clearing Member and any
Member Affiliates of such Clearing Member.''
---------------------------------------------------------------------------

    In addition, OCC understands that Clearing Members are concerned
about the length of time it can take them to process trades they
receive through the ``give-up'' process at exchanges.\10\ For

customer trades under the give-up process, OCC understands that an
executing broker (e.g., a floor broker) can execute a customer's trade
on an exchange and give-up (i.e., assign) the trade automatically to
the customer's clearing broker, which must be an OCC Clearing Member.
The trade clears directly in the Clearing Member's omnibus customers'
account at OCC with no reference to the individual customer account,
which can make it difficult for the Clearing Member to promptly
determine which customer account to assign the trade.
---------------------------------------------------------------------------

    \10\ See, e.g., Nasdaq PHLX LLC (``Phlx'') Rules 1037 and 1052.
Phlx recently amended its rules regarding give-ups at the exchange.
See Release No. 34-85136 (February 14, 2019), 84 FR 5526 (February
21, 2019) (order approving File No. SR-Phlx-2018-72). Under the rule
change, Phlx clearing members will be allowed to ``opt in'' and
request that the exchange systematically restrict use of one or more
of its OCC clearing numbers (each a ``Restricted OCC Number''). Once
restricted, Phlx member organizations will not be able to give up
the Restricted OCC Number to clear a Phlx transaction unless the
Phlx clearing member previously has submitted to the exchange
written authorization permitting that member organization to give up
that Restricted OCC Number.
---------------------------------------------------------------------------

    Similarly, for non-customer trades under the give-up process, OCC
understands that a trading desk at a Clearing Member Group with
multiple trading desks can use an executing broker on an exchange to
execute a non-customer (i.e., proprietary) trade. The executing broker
can give-up the Clearing Member on the trade without including account
identifying information on the trade and the trade clears directly into
the Clearing Member's omnibus firm account at OCC. Because the trade
does not include account identifying information, staff at the Clearing
Member may not be immediately aware of which trading desk account at
the firm executed the trade. Similarly, OCC also understands that this
can occur in a joint back office (``JBO'') arrangement at a Clearing
Member where one of the JBO Participants in such an arrangement uses an
executing broker on an exchange to execute a non-customer (i.e.,
proprietary) trade.\11\ The executing broker can give-up the Clearing
Member on the trade without including account identifying information
on the trade and the trade clears directly into the Clearing Member's
omnibus firm account at OCC. Because the trade does not include account
identifying information, staff at the Clearing Member may not be
immediately aware of which JBO Participant account originated the
trade.
---------------------------------------------------------------------------

    \11\ A ``JBO Participant'' is defined in Article I, Section
1.J.(1) of the By-Laws as ``a broker-dealer registered with the
Securities and Exchange Commission that: (i) Maintains a joint back
office arrangement with a Clearing Member pursuant to the
requirements of Regulation T promulgated by the Board of Governors
of the Federal Reserve System; (ii) meets the requirements
applicable to JBO Participants as specified in Exchange Rules; and
(iii) consents to having his confirmed trades cleared and positions
carried in a JBO Participants' account. A JBO Participant shall be
considered a `Market-Maker' for purposes of these By-Laws and Rules,
except for purposes of Chapter IV of the Rules, or where the context
otherwise requires.''
---------------------------------------------------------------------------

Actionable Identifier Requirement
    In response to these concerns, OCC proposes to amend Rule 401 to
require that an Actionable Identifier be included in all customer and
non-customer securities options trades submitted to OCC for processing,
other than Market-Maker trades. Although Market-Makers are non-
customers under OCC's By-Laws and Rules and their trades are
occasionally routed through CMTA arrangements, OCC is not proposing
that an Actionable Identifier be included on Market-Maker trades
because such trades already include an identifier that allows Clearing
Members that clear trades for Market-Makers to identify the Market-
Maker account in which to clear a Market-Maker trade.\12\
---------------------------------------------------------------------------

    \12\ Currently, all Market-Maker trades submitted to OCC include
a three-character identifier that identifies the Market-Maker that
executed the trade. OCC understands that exchange rules require that
Market-Maker trades have identifiers on them. See, e.g., Cboe Rule
6.51. Thus, Market-Maker trades already have their own form of
identifier. These identifiers are used by Clearing Members and OCC
to book Market-Maker trades in the correct Market-Maker accounts at
the Clearing Members.
---------------------------------------------------------------------------

    The requirement to include an Actionable Identifier would be added
as new paragraph (a)(1)(iii) to Rule 401.\13\ Subject to the
implementation plan for the Actionable Identifier requirement described
in the Proposed Implementation Plan section below, the new paragraph
would require the trade information submitted to OCC for a customer or
non-customer transaction (other than a Market-Maker transaction) to
include an Actionable Identifier from the Purchasing Clearing Member
and an Actionable Identifier from the Writing Clearing Member.\14\
Because the Actionable Identifier is not necessary for OCC to direct
trades to the correct omnibus account at Clearing Members, OCC is not
mandating the information as a condition for acceptance of the trade at
this point in time. This also will give the industry time to implement
the requirement without resulting in trades being rejected by OCC if
the Actionable Identifier were omitted from a trade. Thus, OCC has
included language in new paragraph (a)(1)(iii) of Rule 401 to clarify
that even though an Actionable Identifier is required on trades, it is
not required as a condition for OCC to accept a trade.
---------------------------------------------------------------------------

    \13\ Pursuant to a recent rule change, OCC amended Rule 401 to
make certain clarifying changes to the rule. See Securities Exchange
Act Release No. 83321 (May 24, 2018), 83 FR 25087 (May 31, 2018)
(SR-OCC-2018-007) (Notice of Filing of Amendment No. 1 and Order
Approving Proposed Rule Change, as Modified by Amendment No. 1,
Related to The Options Clearing Corporation's Trade Acceptance and
Novation Rules).
    \14\ A ``Purchasing Clearing Member'' is defined in Article I,
Section 1.P.(16) of the By-Laws as ``the Clearing Member acting as,
or on behalf of, the purchaser of a cleared contract.'' A ``Writing
Clearing Member'' is defined in Article I, Section 1.W.(3) as ``the
Clearing Member acting as, or on behalf of, the writer (as defined,
in the case of, in this Article I, and in the case of BOUNDs, in
Article XXIV of the By-Laws) of a cleared contract.''
---------------------------------------------------------------------------

    An Actionable Identifier would be defined in Interpretation and
Policy .06 to Rule 401 as either the name, series of numbers, or other
identifying information assigned by a Purchasing Clearing Member or
Writing Clearing Member to a customer or non-customer account (other
than a Market-Maker account) at the Clearing Member that originated the
options transaction. If the Clearing Member transmits the Actionable
Identifier to another Clearing Member to clear the transaction as part
of a CMTA arrangement, the Clearing Member transmitting the Actionable
Identifier must establish and maintain policies and procedures
reasonably designed to include sufficient information in the Actionable
Identifier field regarding the account that originated the trade to
allow that other Clearing Member to promptly clear the transaction.
    The Actionable Identifier definition is intended to give Clearing
Members flexibility in determining what they include in the field by
providing that Clearing Members can use either the name, series of
numbers, or other identifying information assigned to the individual
customer or non-customer account at the Clearing Member that originated
the options transaction.\15\ For instance, with regard to customer
trades in a CMTA arrangement, an Executing Clearing Member and Carrying
Clearing Member in such an arrangement can work together to agree upon
the type of account identifying information to be included in such
trades to allow staff at the Carrying Clearing Member to promptly
assign such trades to the correct individual customer accounts.
Similarly, with regard to non-customer trades in a CMTA arrangement, a
Carrying Clearing Member can work with trading desks at the Carrying
Clearing Member and/or its affiliates within a Clearing Member Group to
establish the type of account identifying information to be included in
such

trades by the Executing Clearing Member to allow staff at the Carrying
Clearing Member to promptly assign such trades to the correct
individual non-customer accounts. In both of these situations, while
the obligation to include the Actionable Identifier on a trade is with
the Executing Clearing Member, coordination and agreement between the
Executing Clearing Member and Carrying Clearing Member is needed in
order to assure that the Carrying Clearing Member can use the
Actionable Identifier on a trade to promptly clear the trade in the
correct customer or non-customer account.
---------------------------------------------------------------------------

    \15\ OCC currently provides Clearing Members with the
functionality to designate sub-accounts within their omnibus
customer and firm accounts held at OCC. See Interpretation and
Policy .04 to Article VI, Section 3 of OCC's By-Laws. To the extent
Clearing Members start to use sub-accounts to identify which
individual customer or non-customer account at the Clearing Member
to book a trade, OCC believes that such sub-account identifying
information on the trade would satisfy the Actionable Identifier
requirement in this proposed rule change.
---------------------------------------------------------------------------

    The Actionable Identifier requirement also is intended to address
concerns about give-up trades. As noted, OCC understands that an
executing broker can execute a customer's trade on an exchange and
give-up the trade automatically to the customer's OCC Clearing Member.
The trade clears directly in the Clearing Member's omnibus customers'
account at OCC, sometimes with no reference to the customer account
that originated the trade. OCC understands that the requirement to
include an Actionable Identifier on such a trade will enable the
Clearing Member to timely identify the individual customer account
associated with the trade. Also, Clearing Members that are part of
Clearing Member Groups with multiple trading desks have indicated that
an Actionable Identifier would help them timely identify which trading
desk account at the firm initiated a non-customer trade received by the
Clearing Member though the give-up process. Similarly, Clearing Members
with JBO arrangements have indicated that an Actionable Identifier
would help them timely identify which JBO Participant account initiated
a non-customer trade received by the Clearing Member though the give-up
process.\16\
---------------------------------------------------------------------------

    \16\ As noted in the ``JBO Participant'' definition, a JBO
Participant is treated as a Market-Maker for purposes of OCC's By-
Laws and Rules other than for purposes of Chapter IV of OCC's Rules.
Thus, by the terms of this definition, even though proposed Rule
401's Actionable Identifier requirement would exclude Market-Maker
trades, it would not exclude JBO Participant trades.
---------------------------------------------------------------------------

    The Actionable Identifier requirement is different than a
traditional customer identification requirement in that it is solely
designed to provide enough information to the Clearing Member receiving
the trade to allow the Clearing Member to clear the trade for the
account that originated the trade; it is not intended to provide any
other information regarding the account that originated the trade. OCC
does not anticipate that the Actionable Identifier will involve any
personally identifiable information (``PII'') regarding the account
that originated the trade. Rather, with regard to CMTA arrangements,
OCC expects that the Actionable Identifier will consist of a series of
numbers or institutional name that would allow the Executing Clearing
Member and Carrying Clearing Member to identify the account that
originated the trade, neither of which by itself is PII. Similarly,
with regard to give-up arrangements, OCC expects that the Actionable
Identifier will consist of a series of numbers or institutional name
that would allow the Clearing Member clearing the give-up trade to
identify the account that originated the trade.
    OCC worked very closely with Clearing Members in developing the
proposed Actionable Identifier requirement. They requested flexibility
in deciding what information to include in the Actionable Identifier
field. Thus, the proposed rule change is designed to provide this
flexibility by allowing Clearing Members to work together to agree on
the way they will identify customers and non-customers subject to CMTA
and give-up arrangements. This flexibility also would allow them to
avoid including PII in the Actionable Identifier field.
    Consistent with this flexibility, OCC has determined to implement
the obligation that Actionable Identifiers include sufficient
information through a policies and procedures-based approach. Under
Interpretation and Policy .06 to Rule 401, Clearing Members
transmitting Actionable Identifiers to other Clearing Members to clear
purchase or sale transactions would be required to establish and
maintain policies and procedures reasonably designed to include
sufficient information in the Actionable Identifier fields to allow the
Clearing Members receiving such Actionable Identifiers to promptly
clear the transactions. OCC believes that implementing the requirement
in this manner will provide Clearing Members in CMTA arrangements with
flexibility in how they operationalize the requirement, allowing
Executing Clearing Members to work with Carrying Clearing Members to
establish processes that they believe are reasonably designed to
provide enough information in the Actionable Identifier fields to allow
the Carrying Clearing Members to promptly direct CMTA transactions to
the correct individual customer and non-customer accounts.
    OCC believes that having such an identifier on trades would allow
Clearing Members to more timely identify trades transmitted as part of
CMTA and give-up arrangements. As indicated, OCC has had extensive
conversations over time with Clearing Members related to this proposed
Actionable Identifier requirement. OCC's primary takeaway from these
conversations is that the requirement should help further improve the
CMTA process. Carrying Clearing Members believe the requirement will
help them address above noted concerns they have about the CMTA process
by immediately identifying to them the specific customer or non-
customer account on a CMTA trade sent to them by an Executing Clearing
Member. Executing Clearing Members have expressed support for the
requirement because they recognize that it should help streamline the
CMTA process, requiring less back-and-forth communication between them
and Carrying Clearing Members about which individual customer or non-
customer account originated a CMTA trade. OCC's other takeaway from
these conversations is that Clearing Members believe the requirement
will help them address above noted concerns they have about the give-up
process by allowing them to timely identify which account to assign a
trade received through the give-up process.
Proposed Implementation Plan
    With regard to CMTA trades, both the Executing Clearing Member and
Carrying Clearing Member will need to work together to determine
appropriate Actionable Identifiers for the accounts subject to their
CMTA arrangement. Similarly, with regard to give-up trades, Clearing
Members will need to coordinate on processes to include Actionable
Identifiers on trades submitted through the give-up process. Since this
will take some time, OCC plans to implement the Actionable Identifier
requirement in a phased manner and to work with Clearing Members to
make sure the requirement is implemented in a workable manner for them.
    OCC proposes to include the implementation plan for the requirement
in new Interpretation and Policy .06 to the Rule. The plan sets forth
the effective dates for the rule change, providing that (a) from the
date on which the Actionable Identifier requirement is approved
(``approval date'') to the end of the twelfth month from such approval
date, OCC will not treat as a violation of Rule 401 the failure to
include an Actionable Identifier or the failure of a Clearing Member's
policies and procedures to provide that sufficient information is
included in the Actionable Identifier field to allow the Clearing
Member

receiving such Actionable Identifier to promptly clear the transaction,
(b) from the thirteenth to the end of the eighteenth month from such
approval date, an Actionable Identifier will be required but OCC will
not treat as a violation of Rule 401 the failure of a Clearing Member's
policies and procedures to provide that sufficient information is
included in the Actionable Identifier field to allow the Clearing
Member receiving such Actionable Identifier to promptly clear the
transaction, and (c) from the nineteenth month after such approval date
and thereafter, OCC will treat as a violation of Rule 401 the failure
to include an Actionable Identifier or the failure of a Clearing
Member's policies and procedures to provide that sufficient information
is included in the Actionable Identifier field to allow the Clearing
Member receiving such Actionable Identifier to promptly clear the
transaction, subject to the manner in which OCC enforces violations of
its rules in Rule 1201. OCC also has included rule text at the end of
Interpretation and Policy .06 to Rule 401 to provide that the rule text
that sets forth the proposed implementation plan described above will
automatically be deleted at the end of the nineteenth month after the
approval date. Nonetheless, OCC plans to continue to enforce the
Actionable Identifier requirement in Rule 401 as set forth in (c)
above, treating as a violation of Rule 401 the failure to include an
Actionable Identifier or the failure of a Clearing Member's policies
and procedures to provide that sufficient information is included in
the Actionable Identifier field to allow the Clearing Member receiving
such Actionable Identifier to promptly clear the transaction.
    Throughout this implementation period, OCC plans to create summary
reports and statistics on Clearing Members that do not include
Actionable Identifiers. This information will be shared periodically
with firms individually throughout the implementation of the Actionable
Identifier requirement to help foster compliance with the requirement.
In addition, OCC notes that listed options trade reports to OCC
currently include a field that is labelled at the exchange-level as the
Account field. Once implemented, the Actionable Identifier information
will be required to be populated in this field. Thus, Clearing Members
will be able to see on OCC's trade screen, which allows Clearing
Members to view trades in OCC's Encore system, and detect in OCC's
trade messages whether this field is populated. OCC plans to enhance
the trade screen to include additional filter criteria to allow
Clearing Members to view trades with no Actionable Identifier.
    Once the Actionable Identifier requirement becomes fully effective
eighteen months after the approval date of the requirement, OCC
anticipates monitoring compliance with the requirement through an
annual certification process in which OCC would require Clearing
Members to certify, in a form and manner specified by OCC, that they
have policies and procedures reasonably designed to provide that
sufficient information is included in the Actionable Identifier fields
to allow the Clearing Member(s) receiving such Actionable Identifiers
to promptly clear the transactions. OCC also anticipates including a
review of Clearing Members' Actionable Identifier policies and
procedures when it conducts its periodic risk-based examinations.
    In addition to this oversight of the process by OCC, it is
anticipated that if a Carrying Clearing Member believes that the
Actionable Identifier transmitted to it does not provide sufficient
information to allow it to identify the correct account, the Carrying
Clearing Member would reach out to the Executing Clearing Member on the
trading day when this happens to resolve the issue. It is also
anticipated that if a Carrying Clearing Member experiences a pattern or
practice in which Actionable Identifiers transmitted to it by an
Executing Clearing Member do not provide sufficient information to
allow it to identify the correct accounts, the Carrying Clearing Member
could reach out to OCC to report such activity and/or terminate the
CMTA arrangement. It is anticipated that a Clearing Member in a give-up
arrangement would take similar courses of action if it believed
Actionable Identifier(s) transmitted to it do(es) not provide
sufficient information to allow it to identify the correct account(s).
Rule 401 Clean-Up Edits
    OCC proposes to amend the last sentence of first paragraph (a) of
rule to add the phrase ``in this rule'' so that it would read, ``[t]he
acceptance of every confirmed trade and the issuance of every cleared
contract by the Corporation as provided in this rule shall be subject
to the conditions that this reported trade information (i) passes the
Corporation's trade validation process, (ii) is provided to the
Corporation during such times as the Corporation shall prescribe, and
(iii) satisfies certain criteria, as specified in paragraphs (a)(1) and
(a)(2) of this Rule 401.'' This change is intended to include a phrase
that was inadvertently omitted when the rule was updated and to further
clarify the scope of the rule.
    OCC also proposes to change the references to ``the security type''
in paragraphs (a)(1)(i)(G) and (a)(2)(G) of the rule to ``the product
type'' to more accurately reflect the information this trade field
requires. In particular, the field mandates the inclusion of
information indicating that the trade was for a security, a future, or
an option on future. Since OCC now clears products that are securities
and products that are commodity futures or options on such futures, OCC
has determined to change these references in the rule to more
accurately reflect the information mandated by the field.
    Finally, OCC proposes to change the references to ``the Give-Up
Clearing Member'' in paragraphs (a)(1)(i)(P) and (a)(2)(N) of the rule
to ``the Given-Up Clearing Member.'' The defined term in OCC's By-Laws
is ``Given-Up Clearing Member'' rather than ``Give-up Clearing
Member.'' The definition of Given-Up Clearing Member can be found in
Article I, Section 1.G.(3) of the By-Laws.
(2) Statutory Basis
    Section 17A(b)(3)(F) of the Act \17\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities and derivatives
transactions and to foster cooperation and coordination with persons
engaged in clearance and settlement. OCC believes the proposed rule
change will promote the prompt and accurate clearance and settlement of
securities transactions and foster cooperation and coordination with
persons engaged in clearance and settlement. In this regard, as noted
above, the proposed rule change is designed to allow Clearing Members
to more promptly and accurately clear and settle securities options
trades that are subject to CMTA and give-up arrangements.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    With regard to CMTA arrangements, the proposed rule change furthers
this statutory goal by requiring that an Actionable Identifier be
included on all customer and non-customer trades, other than Market-
Maker trades, that would provide sufficient information regarding the
account that originated the trade to allow a Carrying Clearing Member
to promptly clear and settle the trade in the appropriate customer or
non-customer account. While the vast

majority of trades allocated through the CMTA process flow through to
the correct individual customer or non-customer account at a Carrying
Clearing Member without issue, Clearing Members involved in such
arrangements have observed that the Actionable Identifier requirement
will provide additional information to them to allow them to more
promptly and accurately clear and settle securities options trades that
are subject to CMTA arrangements. The proposed rule change also
furthers the statutory goal of fostering cooperation and coordination
with persons engaged in clearance and settlement by implementing the
obligation that Actionable Identifiers include sufficient information
through a policies and procedures-based approach. Implementing the
requirement in this manner will provide Clearing Members in CMTA
arrangements with flexibility in how they operationalize the
requirement, allowing them to establish processes that they believe are
reasonably designed to provide enough information in the Actionable
Identifier fields to allow the Clearing Members receiving such
Actionable Identifiers to promptly direct CMTA transactions to the
correct individual customer and non-customer accounts.
    Similarly, with regard to give-up arrangements, the proposed rule
change furthers the statutory goal of prompt and accurate clearance and
settlement by requiring that an Actionable Identifier be included in
customer and non-customer trades received by Clearing Members through
the give-up process. Clearing Members have indicated that the inclusion
of an Actionable Identifier on such trades would allow them to more
promptly and accurately clear and settle securities options trades that
are subject to give-up arrangements. The proposed rule change also
furthers the statutory goal of fostering cooperation and coordination
with persons engaged in clearance and settlement by implementing the
obligation that Actionable Identifiers include sufficient information
through a policies and procedures-based approach. Such an approach
would allow Clearing Members involved in give-up arrangements to
establish processes that they believe are reasonably designed to
provide enough information in the Actionable Identifier fields to
provide for the prompt clearance and settlement of give-up
transactions.
    In addition, the proposed rule change is not inconsistent with the
existing By-Laws and Rules of OCC, including any rules proposed to be
amended.

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

    Section 17A(b)(3)(I) of the Act \18\ requires that the rules of a
clearing agency not impose any burden on competition not necessary or
appropriate in furtherance of the Act. OCC does not believe that the
proposed rule change would impact or impose any burden on
competition.\19\ The proposed rule change would not affect the
competitive dynamics between clearing members in that it would apply to
all Clearing Members equally. The proposed rule change also would not
inhibit access to OCC's services or disadvantage or favor any
particular user in relationship to another. In this regard, as
described above, the proposed rule change is designed to further
facilitate the prompt and accurate clearance and settlement of
securities transaction. It would require that an Actionable Identifier
be included on all customer and non-customer trades, other than Market-
Maker trades, to allow Clearing Members to more promptly and accurately
clear and settle securities options trades in the appropriate account.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78q-1(b)(3)(I).
    \19\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

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

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

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-OCC-2019-003 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2019-003. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of OCC and on OCC's website at
https://www.theocc.com/about/publications/bylaws.jsp.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-OCC-2019-003 and
should be submitted on or before April 24, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-06431 Filed 4-2-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 12, 2010 (Volume 75, Number 196)]
[Rules and Regulations]
[Page 62458-62459]
[DOCID:fr12oc10-3]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0588 Airspace Docket No. 10-AAL-16]

Revision of Class E Airspace; Tanana, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action revises Class E airspace at Tanana, AK. The
amendment of Standard Instrument Approach Procedures (SIAPs) at Ralph
M. Calhoun Memorial Airport has made this action necessary to enhance
safety by ensuring that sufficient airspace exists for air traffic
management of Instrument Flight Rules (IFR) operations.

DATES: Effective 0901 UTC, November 18, 2010. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Martha Dunn, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Tuesday, July 6, 2010, the FAA published a notice of proposed
rulemaking in the Federal Register to revise Class E airspace at the
Ralph M. Calhoun Memorial Airport, Tanana, AK (75 FR 38753).
    Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments were received.
    The Class E airspace areas designated as 700/1,200 ft. transition
areas are published in paragraph 6005 of FAA Order 7400.9U, Airspace
Designations and Reporting Points, dated August 18, 2010, and effective
September 15, 2010, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designations listed in this document will be
published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by revising Class E airspace at Ralph M. Calhoun Memorial
Airport, in Tanana, AK, to accommodate amended SIAPs at Ralph M.
Calhoun Memorial Airport. This Class E airspace provides adequate
controlled airspace upward from 700 feet and 1,200 feet above the
surface for the safety of IFR operations at Ralph M. Calhoun Memorial
Airport by ensuring that Class E airspace is sufficient for management
of air traffic.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(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);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Because this is a routine matter that
will

only affect air traffic procedures and air navigation, it is certified
that this rule, when promulgated, will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it revises Class E airspace at Ralph M. Calhoun Memorial Airport,
Tanana, AK, and represents the FAA's continuing effort to safely and
efficiently use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING
POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9U, Airspace Designations and Reporting
Points, dated August 18, 2010, and effective September 15, 2010, is
amended as follows:
* * * * *

Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Tanana, AK [Revised]

Ralph M. Calhoun Memorial Airport, AK
    (Lat. 65[deg]10'28'' N., long. 152[deg]06'34'' W.)
Tanana VOR/DME
    (Lat. 65[deg]10'38'' N., long. 152[deg]10'39'' W.)
Bear Creek NDB
    (Lat. 65[deg]10'26'' N., long. 152[deg]12'22'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Ralph M. Calhoun Memorial Airport,
AK, and within 4 miles north and 8 miles south of the 250[deg]
bearing from the Bear Creek NDB extending from the Bear Creek NDB to
16 miles west of the Bear Creek NDB, and within 1.4 miles north of
the Tanana VOR/DME 276[deg] radial extending from the 6.4-mile
radius to 8.8 miles west of the airport; and that airspace extending
upward from 1,200 feet above the surface within a 73-mile radius of
the Ralph M. Calhoun Memorial Airport, AK.

    Issued in Anchorage, AK, on September 30. 2010.
Michael A. Tarr,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010-25480 Filed 10-8-10; 8:45 am]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment:I would first comment that "eCigs" or electronic "cigarettes" are not a tobacco product and it may have been a bad idea to market these originally as "cigarettes". They are a water vapor, which incidentally can include a nicotine additive, but do not necessarily even have nicotine. These are not a tobacco product and users of this product are not "smoking". Smoke is a product of burning a substance. These "eCigs" burn nothing. Burning necessarily creates carbon monoxide, tar and other by-products because of burning. These products merely heat up the oil to the point of vaporizing - which is basically "boiling" - Not burning.

Personally, I have been a cigarette smoker for 20 years and am thrilled to finally have an alternative that doesn't have the ill effects of burning leaves and paper, and yet satisfies my desire to smoke. I also turned my father onto these. He was a heavy smoker for 40 years and had spent thousands on his attempts to quit including patches, programs, even hypno-therapy. Nothing worked and he had gotten to where he could hardly breathe at even the slightest exertion. When he started the "eCigs" he was able to immediately replace his cigarettes and his health has improved dramatically over the last two years.

However, it may be that the FDA needs to regulate these products. We need to be sure that there is plenty of open comment time so that the entire truth about these products can come to light. Please extend the comment time to at least 180 days. Please don't allow this very important issue to be rushed through without full understanding from all sides about the properties of this very important issue and very beneficial product to improve the health of "smokers" and non-smokers alike (not having to be subject to second-hand smoke).