[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82539-82541]
[FR Doc No: 2020-27836]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90653; File No. SR-NYSE-2020-98]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Amend Its Rules To Prohibit
Member Organizations From Seeking Reimbursement, in Certain
Circumstances, From Issuers for Forwarding Proxy and Other Materials to
Beneficial Owners

December 14, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 30, 2020, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules to prohibit member
organizations from seeking reimbursement from issuers for forwarding
proxy and other materials to beneficial owners who received shares from
their broker at no cost or at a price substantially less than the
market price in connection with a promotion by the broker. The proposed
rule change is available on the Exchange's website at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts of such statements.

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

1. Purpose
    NYSE Rule 451 requires NYSE member organizations that hold
securities for beneficial owners in street name to solicit proxies
from, and deliver proxy and issuer communication materials to,
beneficial owners on behalf of issuers.\4\ For this service, issuers
reimburse NYSE member organizations for out-of-pocket, reasonable
clerical, postage and other expenses incurred for a particular
distribution. This reimbursement structure stems from SEC Rules 14b-1
and 14b-2 under the Act,\5\ which impose obligations on companies and
nominees to ensure that beneficial owners receive proxy materials and
are given the opportunity to vote. These rules require companies to
send their proxy materials to nominees, i.e., broker-dealers or banks
that hold securities in street name, for forwarding to beneficial
owners and to pay nominees for reasonable expenses, both direct and
indirect, incurred in providing proxy information to beneficial owners.
Similarly, Rule 465 requires member organizations to forward issuer
communications to beneficial owners on behalf of issuers subject to
receipt of reimbursement of expenses.
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    \4\ The ownership of shares in street name means that a
shareholder, or ``beneficial owner,'' has purchased shares through a
broker-dealer or bank, also known as a ``nominee.'' In contrast to
direct ownership, where shares are directly registered in the name
of the shareholder, shares held in street name are registered in the
name of the nominee, or in the nominee name of a depository, such as
the Depository Trust Company. For more detail regarding share
ownership, see Securities Exchange Act Release No. 62495 (July 14,
2010), 75 FR 42982 (July 22, 2010) (Concept Release on the U.S.
Proxy System) (``Proxy Concept Release'').
    \5\ 17 CFR 240.14b-1; 17 CFR 240.14b-2.
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    Recently, brokers providing retail brokerage services have
developed a practice in which customers are given securities without
charge as a commercial incentive (for example, upon opening a new
account or referring a new customer to the broker). Typically, these
incentives involve the transfer of a small number of shares to
benefiting customers and result in the customer having a position in
the company whose shares they receive that has a very small dollar
value. Rule 451 does not distinguish between these beneficial owners
and beneficial owners that have paid for their shares, so brokers are
required to solicit proxies from these accounts and are entitled to
reimbursement of their expenses under Rules 451 and 465, as well as
pursuant to the applicable rules of any other national securities
exchange or national securities association of which the NYSE member
organization is a member.\6\ As a consequence, issuers are billed under
Exchange rules and the rules of other SROs for the reimbursement of
expenses the broker incurs in making distributions to these beneficial
owners who have very small positions, which they acquired from their
broker without any payment by the customer. In certain cases, the
issuer can experience a significant increase in its distribution
reimbursement expenses solely due to its shares being included in these
broker promotional schemes.
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    \6\ See, for example, FINRA Rule 2251.
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    While the distribution of shares in these broker promotions may
result in a significant increase in the number of beneficial owners of
an issuer's stock, the generally very small size of each of these
positions means that they usually represent a very small percentage of
the voting power. As such, the costs the issuer incurs in reimbursing
the broker for distributing proxies to these accounts is very
disproportionate to the maximum potential vote such shares represent.
By contrast, the broker using such a scheme chooses to engage in it
because it believes that it will result in a commercial benefit to the
broker. Consequently, the Exchange believes that it is more appropriate
for the broker to bear these proxy distribution costs. Accordingly, the
Exchange proposes new Rule 451A, which would provide that,
notwithstanding the applicable provisions of Rules 451 or 465 or what
may be permitted by the rules of any other national securities exchange
or national securities association of which a member organization is
also a

member, no member shall seek to be reimbursed for expenses incurred in
connection with the distribution of proxies or other materials on
behalf of issuers to the beneficial owners of shares or units of an
issuer's securities in a nominee account if those shares or units were
transferred to the account holder by the member organization at no cost
or at a price substantially less than the market price.
    As proposed, Rule 451A would not limit a broker's right to
reimbursement for distributions to any beneficial owner if any part of
that beneficial owner's position in an issuer's securities was received
by any means other than a transfer without charge or at a price
substantially less than the market price from the broker. Rules 451 and
465 would continue to apply to all distributions, so the broker would
continue to be fully obligated to solicit votes from, and make other
distributions on behalf of issuers to, all beneficial owners
notwithstanding the limitations on reimbursement of expenses imposed by
Rule 451A.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act'') generally.\7\
Section 6(b)(4) \8\ requires that exchange rules provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using the facilities of an
exchange. Section 6(b)(5) \9\ requires, among other things, that
exchange rules are designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect the public interest and the
interests of investors, promote just and equitable principles of trade
and that they are not designed to permit unfair discrimination between
issuers, brokers or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposal is consistent with Sections
6(b)(4) and 6(b)(5) of the Act as it would only limit the reimbursement
of distribution expenses in circumstances where a broker distributes
the shares to its customers as part of a voluntary promotional strategy
by the broker from which it derives a commercial benefit. The Exchange
notes that the recipients of shares without charge or at a price
substantially less than the market price from the broker as part of
such schemes typically will not be given any choice as to which shares
they receive and are therefore not making any investment decision. As
the broker typically has sole control over the allocation of these
shares to its customers and derives a commercial benefit from doing so,
the Exchange believes that the proposal is not unfairly discriminatory
and does not represent an inequitable allocation of the costs of the
distribution of proxy and other issuer materials. The Exchange also
notes that brokers will continue to be required to distribute proxy and
other materials on behalf of issuers notwithstanding the fact that
brokers will not be entitled to any reimbursement of expenses and
believes that the proposal is therefore consistent with Rules 14b-1 and
14b-2 under the Act,\10\ which impose obligations on companies and
nominees to ensure that beneficial owners receive proxy materials and
are given the opportunity to vote.
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    \10\ 17 CFR 240.14b-1; 17 CFR 240.14b-2.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed limitation on
distribution expense reimbursement would apply to any broker that
adopts a commercial strategy of distributing shares to account holders
free of charge or at a substantial discount to the market price.
Brokers that adopt this strategy do so because they believe that they
derive a commercial and competitive advantage from doing so. As such,
the Exchange believes that any burden on competition associated with
this proposal is appropriate in light of the fact that brokers will
only be subject to any such burden as a consequence of voluntarily
adopting a strategy that they believe is beneficial for their business.
There would be no effect on the competition among issuers resulting
from the proposed rule change, as all issuers would benefit from the
proposed restriction in the same manner if their shares have been
distributed without charge as part of such a commercial arrangement.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-98 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-NYSE-2020-98. 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 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. 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-NYSE-2020-98 and should be
submitted on or before January 8, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-27836 Filed 12-17-20; 8:45 am]
BILLING CODE 8011-01-P


Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 A B C Table 1 AMSA ESTIMATED AGGREGATE COSTS FOR IMPLEMENTATION OF MP& M RULE ( TABLE 7.11) ( Based on 38,500 Facilities) Original AMSA Numbers Pretreatment Program Activity First Year Cost Subsequent Year Cost Industrial User Survey $ 50,533,076 $ 0 MP& M Facility Permitting =' AMSA Estimates'! H13 =' AMSA Estimates'! L13 MP& M Facility Oversight ( less permitting) =' AMSA Estimates'! J13' AMSA Estimates'! H13 =' AMSA Estimates'! N13' AMSA Estimates'! L13 Total Cost = SUM( B7: B9) = SUM( C7: C9)

Table 2 AMSA ESTIMATED NUMBER OF IUS SUBJECT TO MP& M RULE ( TABLE 7.6) Original AMSA Numbers Pretreatment Program Class No. of PP Aver. No. of MP& M Facilities Small =' AMSA Estimates'! C9 = ROUND( AVERAGE('[ MPM COSTS. xls]< 10MGD'!$ M$ 3:$ M$ 17), 0) Medium =' AMSA Estimates'! C10 = ROUND( AVERAGE('[ MPM COSTS. xls] 10 50MGD'!$ M$ 3:$ M$ 45), 0) Large =' AMSA Estimates'! C11 = ROUND( AVERAGE('[ MPM COSTS. xls]> 50MGD'!$ M$ 3:$ M$ 120), 0) No Program =' AMSA Estimates'! C12 1 TOTAL Table 3. a AMSA ESTIMATED COST OF CONDUCTING INDUSTRIAL SURVEYS AT POTWS ( TABLE 7.7) No. of POTWs 11,500 Aver. No. of Facilities 99 Pre Fac. Time 1.2 Aver. Time = B28* B27 Total Hours = B29* B26 Cost per Hour $ 36.98 EPA proposal rate Total Cost = B30* B31 Table 3. b AMSA ESTIMATED COST OF CONDUCTING INDUSTRIAL SURVEYS AT POTWS ( TABLE 7.7) No. of POTWs = B26 Hours for Application Prep./ POTW 24 EPA assumption for time required by a major POTW to complete NPDES application % of Appl. For Screening 10% % of NPDES application burden associated with screening Aver. Time/ POTW = B39* B38 Total Hours = B40* B37 Cost per Hour =' AD MP& M12. xls'! Hourly_ rate_ 2001 Sept. 2002 hourly rate from BLS ($ 31.89  similar to AMSA survey rate of $ 31.86), adjusted to $ 2001 Total Cost = B41* B42 February 14, 2003 1 of 14 AMSA Analysis formula. xls  Memo Tables Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 D E F Corrected Numbers First Year Cost Subsequent Year Cost =' Memo Tables'! B32 $ 0 =' AMSA Estimates'! H24 =' AMSA Estimates'! L24 =' AMSA Estimates'! J24' AMSA Estimates'! H24 =' AMSA Estimates'! N24' AMSA Estimates'! L24 = SUM( D7: D9) = SUM( E7: E9)

Corrected Numbers Total No. of MP& M Facilities Aver. No. of MP& M Facilities Total No. of MP& M Facilities = B17* C17 = ROUND( AVERAGE('[ MPM COSTS EPA. xls]< 10MGD'!$ AI$ 3:$ AI$ 17), 0) = B17* E17 = B18* C18 = ROUND( AVERAGE('[ MPM COSTS EPA. xls] 10 50MGD'!$ AI$ 3:$ AI$ 45), 0) = B18* E18 = B19* C19 = ROUND( AVERAGE('[ MPM COSTS EPA. xls]> 50MGD'!$ AI$ 3:$ AI$ 120), 0) = B19* E19 = B20* C20 1 = B20* E20 = SUM( D17: D20) = SUM( F17: F20)

February 14, 2003 2 of 14 AMSA Analysis formula. xls  Memo Tables Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A B C D E F AMSA Estimates Implementation Year Subsequent Years Total Cost # Facilities Cost/ Facility Total Cost Screening Facilities not in PP =' Memo Tables'! B32 =' Memo Tables'! B26*' Memo Tables'! B27 = C5/ D5 $ 0 Facilities in PP Permitting ( incl. screening) =' AMSA Estimates'!$ H$ 24 =' AMSA Estimates'!$ E$ 24 = C7/ D7 =' AMSA Estimates'!$ L$ 24 Analysis = D8* E8 =' AMSA Estimates'!$ E$ 24 ='[ MPM COSTS EPA. xls] All'!$ U$ 181 = G8* H8 Sampling = D9* E9 =' AMSA Estimates'!$ E$ 24 ='[ MPM COSTS EPA. xls] All'!$ W$ 181 = G9* H9 Oversight =' AMSA Estimates'!$ J$ 24 C7 C8 C9 =' AMSA Estimates'!$ E$ 24 = C10/ D10 =' AMSA Estimates'!$ N$ 24 F7 F8 F9 Total Cost Facilities in PP = SUM( C7: C10) = SUM( E7: E10) = SUM( F7: F10) Cost without Oversight = C11 C10 = E11 E10 = F11 F10 Oversight as % of Other Costs = E10/ SUM( E7: E9) Total Cost Rule = C5+ C11 = F5+ F11 EPA Estimates ( per Permit) EPA Proposal Estimates ($ 1999) EPA Final Estimates ($ 2001) Corrected Hourly Burden Initial Year ( Average) Subsequent Years Initial Year ( Average) Subsequent Years Low Permitting =' EPA Estimates'! F18 =' EPA Estimates'! O18 =' EPA Estimates'! J18 =' EPA Estimates'! P18 Sampling& Analysis =' EPA Estimates'! F19 =' EPA Estimates'! O19 =' EPA Estimates'! J19 =' EPA Estimates'! P19 Oversight =' EPA Estimates'! F20 =' EPA Estimates'! O20 $ 0 $ 0 Total = SUM( C22: C24) = SUM( D22: D24) = SUM( E22: E24) = SUM( F22: F24) Medium Permitting =' EPA Estimates'! F23 =' EPA Estimates'! O23 =' EPA Estimates'! J23 =' EPA Estimates'! P23 Sampling& Analysis =' EPA Estimates'! F24 =' EPA Estimates'! O24 =' EPA Estimates'! J24 =' EPA Estimates'! P24 Oversight =' EPA Estimates'! F25 =' EPA Estimates'! O25 $ 0 $ 0 Total = SUM( C27: C29) = SUM( D27: D29) = SUM( E27: E29) = SUM( F27: F29) High Permitting =' EPA Estimates'! F28 =' EPA Estimates'! O28 =' EPA Estimates'! J28 =' EPA Estimates'! P28 Sampling& Analysis =' EPA Estimates'! F29 =' EPA Estimates'! O29 =' EPA Estimates'! J29 =' EPA Estimates'! P29 Oversight =' EPA Estimates'! F30 =' EPA Estimates'! O30 $ 0 $ 0 Total = SUM( C32: C34) = SUM( D32: D34) = SUM( E32: E34) = SUM( F32: F34) Average Permitting =' EPA Estimates'! F33 =' EPA Estimates'! O33 = AVERAGE( E22, E27, E32) = AVERAGE( F22, F27, F32) Sampling& Analysis =' EPA Estimates'! F34 =' EPA Estimates'! O34 = AVERAGE( E23, E28, E33) = AVERAGE( F23, F28, F33) Oversight =' EPA Estimates'! F35 =' EPA Estimates'! O35 = AVERAGE( E24, E29, E34) = AVERAGE( F24, F29, F34) Total = SUM( C37: C39) = SUM( D37: D39) = SUM( E37: E39) = SUM( F37: F39)

February 14, 2003 3 of 14 AMSA Analysis formula. xls  Summary Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 G H # Facilities Cost/ Facility $ 0 =' AMSA Estimates'!$ E$ 24 = F7/ G7 =' AMSA Estimates'!$ E$ 24 ='[ MPM COSTS EPA. xls] All'!$ V$ 181 =' AMSA Estimates'!$ E$ 24 ='[ MPM COSTS EPA. xls] All'!$ X$ 181 =' AMSA Estimates'!$ E$ 24 = F10/ G10 = SUM( H7: H10) = H11 H10 = H10/ SUM( H7: H9)

EPA Final Estimates ($ 2001) Hourly Burden and Oversight Initial Year ( Average) Subsequent Years =' EPA Estimates'! J18 =' EPA Estimates'! P18 =' EPA Estimates'! J19 =' EPA Estimates'! P19 =' EPA Estimates'! J20 =' EPA Estimates'! P20 = SUM( G22: G24) = SUM( H22: H24)

=' EPA Estimates'! J23 =' EPA Estimates'! P23 =' EPA Estimates'! J24 =' EPA Estimates'! P24 =' EPA Estimates'! J25 =' EPA Estimates'! P25 = SUM( G27: G29) = SUM( H27: H29)

=' EPA Estimates'! J28 =' EPA Estimates'! P28 =' EPA Estimates'! J29 =' EPA Estimates'! P29 =' EPA Estimates'! J30 =' EPA Estimates'! P30 = SUM( G32: G34) = SUM( H32: H34)

= AVERAGE( G22, G27, G32) = AVERAGE( H22, H27, H32) = AVERAGE( G23, G28, G33) = AVERAGE( H23, H28, H33) = AVERAGE( G24, G29, G34) = AVERAGE( H24, H29, H34) = SUM( G37: G39) = SUM( H37: H39)

February 14, 2003 4 of 14 AMSA Analysis formula. xls  Summary Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A B C AMSA Labor Rates Hourly ='[ MPM COSTS EPA. xls] All'!$ AJ$ 179 Salary ( Oversight) ='[ MPM COSTS EPA. xls] All'!$ AK$ 179 AMSA Analysis Table 7.10  AMSA Estimated Administrative Costs Pretreatment Program Class No. of PP Small 975 Medium 375 Large 150 No Program 11,500 TOTAL = SUM( C9: C12)

Corrected AMSA Analysis Permitting Costs Pretreatment Program Class No. of PP Small 975 Medium 375 Large 150 No Program 11,500 TOTAL = SUM( C20: C23)

EPA Re Analysis Permitting Costs Pretreatment Program Class No. of PP Small 975 Medium 375 Large 150 No Program 11,500 TOTAL = SUM( C31: C34)

February 14, 2003 5 of 14 AMSA Analysis formula. xls  AMSA Estimates Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 D E F G H = C3/ C2 Implementation Year Aver. No. of MP& M Facilities Total No. of MP& M Facilities Implementation Cost/ Permit Total Implementation Cost = ROUND( AVERAGE('[ MPM COSTS. xls]< 10MGD'!$ M$ 3:$ M$ 17), 0) 10,527 $ 649.32 = G9*$ E9 = ROUND( AVERAGE('[ MPM COSTS. xls] 10 50MGD'!$ M$ 3:$ M$ 45), 0) = C10* D10 $ 974.60 = G10*$ E10 = ROUND( AVERAGE('[ MPM COSTS. xls]> 50MGD'!$ M$ 3:$ M$ 120), 0) = C11* D11 $ 1,634.17 = G11*$ E11 1 = C12* D12 $ 649.42 = G12*$ E12 = SUM( E9: E12) $ 37,702,435 = SUM( H9: H12)

Implementation Year Aver. No. of MP& M Facilities Total No. of MP& M Facilities Implementation Cost/ Permit Total Implementation Cost = ROUND( AVERAGE('[ MPM COSTS. xls]< 10MGD'!$ M$ 3:$ M$ 17), 0) 10,725 $ 649.32 = G20*$ E20 = ROUND( AVERAGE('[ MPM COSTS. xls] 10 50MGD'!$ M$ 3:$ M$ 45), 0) = C21* D21 $ 974.60 = G21*$ E21 = ROUND( AVERAGE('[ MPM COSTS. xls]> 50MGD'!$ M$ 3:$ M$ 120), 0) = C22* D22 $ 1,634.17 = G22*$ E22 1 = C23* D23 $ 649.42 = G23*$ E23 = SUM( E20: E23) = SUM( H20: H23)

Implementation Year Aver. No. of MP& M Facilities Total No. of MP& M Facilities Total No. of Permitted Facilities Implementation Cost/ Permit Total Implementation Cost = ROUND( AVERAGE('[ MPM COSTS EPA. xls]< 10MGD'!$ AI$ 3:$ AI$ 17), 0) = C31* D31 = E31*' EPA Estimates'!$ C$ 7 $ 649.32 = G31*$ F31 = ROUND( AVERAGE('[ MPM COSTS EPA. xls] 10 50MGD'!$ AI$ 3:$ AI$ 45), 0) = C32* D32 = E32*' EPA Estimates'!$ C$ 7 $ 974.60 = G32*$ F32 = ROUND( AVERAGE('[ MPM COSTS EPA. xls]> 50MGD'!$ AI$ 3:$ AI$ 120), 0) = C33* D33 = E33*' EPA Estimates'!$ C$ 7 $ 1,634.17 = G33*$ F33 1 = C34* D34 = E34*' EPA Estimates'!$ C$ 7 $ 649.42 = G34*$ F34 = SUM( E31: E34) = SUM( F31: F34) = SUM( H31: H34)

February 14, 2003 6 of 14 AMSA Analysis formula. xls  AMSA Estimates Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 I J K L M N O P Implementation Year Subsequent Years FTE for Implementation Oversight Cost/ Permit Total Oversight Cost Implementation Cost/ Permit Total Implementation Cost Oversight Cost/ Permit Total Oversight Cost Impl. Year = 2712.52 = I9*$ E9 $ 377.82 = K9*$ E9 = 2002.8 = M9*$ E9 =( H9/' Memo Tables'!$ B$ 31)/ 2000 = 3104.95 = I10*$ E10 $ 524.58 = K10*$ E10 = 2503.37 = M10*$ E10 =( H10/' Memo Tables'!$ B$ 31)/ 2000 = 4357.7 = I11*$ E11 $ 969.62 = K11*$ E11 = 3218.96 = M11*$ E11 =( H11/' Memo Tables'!$ B$ 31)/ 2000 = 2712.52 = I12*$ E12 $ 377.82 = K12*$ E12 = 2002.8 = M12*$ E12 =( H12/' Memo Tables'!$ B$ 31)/ 2000 = SUM( J9: J12) = SUM( L9: L12) = SUM( N9: N12) = SUM( P9: P12)

Implementation Year Subsequent Years FTE for Implementation Oversight Cost/ Permit Total Oversight Cost Implementation Cost/ Permit Total Implementation Cost Oversight Cost/ Permit Total Oversight Cost Impl. Year = 2712.52 = I20*$ E20 $ 377.82 = K20*$ E20 = 2002.8 = M20*$ E20 =( H20/' Memo Tables'!$ B$ 31)/ 2000 = 3104.95 = I21*$ E21 $ 524.58 = K21*$ E21 = 2503.37 = M21*$ E21 =( H21/' Memo Tables'!$ B$ 31)/ 2000 = 4357.7 = I22*$ E22 $ 969.62 = K22*$ E22 = 3218.96 = M22*$ E22 =( H22/' Memo Tables'!$ B$ 31)/ 2000 = 2712.52 = I23*$ E23 $ 377.82 = K23*$ E23 = 2002.8 = M23*$ E23 =( H23/' Memo Tables'!$ B$ 31)/ 2000 = SUM( J20: J23) = SUM( L20: L23) = SUM( N20: N23) = SUM( P20: P23)

Implementation Year Subsequent Years Total Cost/ Permit Total Permitting Cost Implementation Cost/ Permit Total Implementation Cost Total Cost/ Permit Total Permitting Cost = 2712.52 = I31*$ F31 $ 377.82 = K31*$ F31 = 2002.8 = M31*$ F31 = 3104.95 = I32*$ F32 $ 524.58 = K32*$ F32 = 2503.37 = M32*$ F32 = 4357.7 = I33*$ F33 $ 969.62 = K33*$ F33 = 3218.96 = M33*$ F33 = 2712.52 = I34*$ F34 $ 377.82 = K34*$ F34 = 2002.8 = M34*$ F34 = SUM( J31: J34) = SUM( L31: L34) = SUM( N31: N34)

February 14, 2003 7 of 14 AMSA Analysis formula. xls  AMSA Estimates Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Q FTE for Implementation Subs. Years =( L9/' Memo Tables'!$ B$ 31)/ 2000 =( L10/' Memo Tables'!$ B$ 31)/ 2000 =( L11/' Memo Tables'!$ B$ 31)/ 2000 =( L12/' Memo Tables'!$ B$ 31)/ 2000 = SUM( Q9: Q12)

FTE for Implementation Subs. Years =( L20/' Memo Tables'!$ B$ 31)/ 2000 =( L21/' Memo Tables'!$ B$ 31)/ 2000 =( L22/' Memo Tables'!$ B$ 31)/ 2000 =( L23/' Memo Tables'!$ B$ 31)/ 2000 = SUM( Q20: Q23)

February 14, 2003 8 of 14 AMSA Analysis formula. xls  AMSA Estimates Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 A B C EPA Estimated No. of Indirect Dischargers All Water Discharging MP& M Facilities 57,947 Operating in the Baseline 54,333 Regulated Under the Proposed Rule 5,186 Operating under the Proposed Rule ( Requiring Permit) 4,944 Percent of Facilities Operating in the Baseline that are Regulated = C6/ C4 Wage Rate Wage Rate 1999 ='[ AD MP& M7A. xls] Inputs & Assumptions'!$ B$ 5 Wage Rate 2001 =' AD MP& M12. xls'! Hourly_ rate_ 2001 EPA Permitting Costs ( per Permit) of Proposed MP& M Rule New concentration based permit Low Permitting =('[ AD MP& M7A. xls] Unit Costs  Low'!$ B$ 19* Wage_ Rate_ 1999) C19 Sampling& Analysis ='[ AD MP& M7A. xls] Unit Costs  Low'!$ B$ 11* Wage_ Rate_ 1999 Oversight $ 0 Total = SUM( C18: C20) Medium Permitting =('[ AD MP& M7A. xls] Unit Costs  Medium'!$ B$ 19* Wage_ Rate_ 1999) C24 Sampling& Analysis ='[ AD MP& M7A. xls] Unit Costs  Medium'!$ B$ 11* Wage_ Rate_ 1999 Oversight $ 0 Total = SUM( C23: C25) High Permitting =('[ AD MP& M7A. xls] Unit Costs  High'!$ B$ 19* Wage_ Rate_ 1999) C29 Sampling& Analysis ='[ AD MP& M7A. xls] Unit Costs  High'!$ B$ 11* Wage_ Rate_ 1999 Oversight $ 0 Total = SUM( C28: C30) Average Permitting = AVERAGE( C18, C23, C28) Sampling& Analysis = AVERAGE( C19, C24, C29) Oversight = AVERAGE( C20, C25, C30) Total = SUM( C33: C35)

February 14, 2003 9 of 14 AMSA Analysis formula. xls  EPA Estimates Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 D E F in $ 1999 ( used at proposal) in $ 2001 ( used for adjusted proposal)

INITIAL YEAR Original New mass based permit Upgrading from concentration to mass Average =('[ AD MP& M7A. xls] Unit Costs  Low'!$ B$ 35* Wage_ Rate_ 1999) D19 =('[ AD MP& M7A. xls] Unit Costs  Low'!$ B$ 51* Wage_ Rate_ 1999) E19 = AVERAGE( C18: E18) ='[ AD MP& M7A. xls] Unit Costs  Low'!$ B$ 27* Wage_ Rate_ 1999 ='[ AD MP& M7A. xls] Unit Costs  Low'!$ B$ 43* Wage_ Rate_ 1999 = AVERAGE( C19: E19) $ 0 $ 0 = AVERAGE( C20: E20) = SUM( D18: D20) = SUM( E18: E20) = SUM( F18: F20)

=('[ AD MP& M7A. xls] Unit Costs  Medium'!$ B$ 35* Wage_ Rate_ 1999) D24 =('[ AD MP& M7A. xls] Unit Costs  Medium'!$ B$ 51* Wage_ Rate_ 1999) E24 = AVERAGE( C23: E23) ='[ AD MP& M7A. xls] Unit Costs  Medium'!$ B$ 27* Wage_ Rate_ 1999 ='[ AD MP& M7A. xls] Unit Costs  Medium'!$ B$ 43* Wage_ Rate_ 1999 = AVERAGE( C24: E24) $ 0 $ 0 = AVERAGE( C25: E25) = SUM( D23: D25) = SUM( E23: E25) = SUM( F23: F25)

=('[ AD MP& M7A. xls] Unit Costs  High'!$ B$ 35* Wage_ Rate_ 1999) D29 =('[ AD MP& M7A. xls] Unit Costs  High'!$ B$ 51* Wage_ Rate_ 1999)' EPA Estimates'! E29 = AVERAGE( C28: E28) ='[ AD MP& M7A. xls] Unit Costs  High'!$ B$ 27* Wage_ Rate_ 1999 ='[ AD MP& M7A. xls] Unit Costs  High'!$ B$ 43* Wage_ Rate_ 1999 = AVERAGE( C29: E29) $ 0 $ 0 = AVERAGE( C30: E30) = SUM( D28: D30) = SUM( E28: E30) = SUM( F28: F30)

= AVERAGE( D18, D23, D28) = AVERAGE( E18, E23, E28) = AVERAGE( F18, F23, F28) = AVERAGE( D19, D24, D29) = AVERAGE( E19, E24, E29) = AVERAGE( C34: E34) = AVERAGE( D20, D25, D30) = AVERAGE( E20, E25, E30) = AVERAGE( C35: E35) = SUM( D33: D35) = SUM( E33: E35) = SUM( F33: F35)

February 14, 2003 10 of 14 AMSA Analysis formula. xls  EPA Estimates Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 G H INITIAL YEAR Updated New concentration based permit New mass based permit =('[ AD MP& M12. xls] Unit Costs  Low'!$ B$ 19* Wage_ Rate_ 2001) G19 =('[ AD MP& M12. xls] Unit Costs  Low'!$ B$ 35* Wage_ Rate_ 2001) H19 ='[ AD MP& M12. xls] Unit Costs  Low'!$ B$ 11* Wage_ Rate_ 2001 ='[ AD MP& M12. xls] Unit Costs  Low'!$ B$ 27* Wage_ Rate_ 2001 = SUM( G18: G19)* Summary!$ E$ 13 = SUM( H18: H19)* Summary!$ E$ 13 = SUM( G18: G20) = SUM( H18: H20)

=('[ AD MP& M12. xls] Unit Costs  Medium'!$ B$ 19* Wage_ Rate_ 2001) G24 =('[ AD MP& M12. xls] Unit Costs  Medium'!$ B$ 35* Wage_ Rate_ 2001) H24 ='[ AD MP& M12. xls] Unit Costs  Medium'!$ B$ 11* Wage_ Rate_ 2001 ='[ AD MP& M12. xls] Unit Costs  Medium'!$ B$ 27* Wage_ Rate_ 2001 = SUM( G23: G24)* Summary!$ E$ 13 = SUM( H23: H24)* Summary!$ E$ 13 = SUM( G23: G25) = SUM( H23: H25)

=('[ AD MP& M12. xls] Unit Costs  High'!$ B$ 19* Wage_ Rate_ 2001) G29 =('[ AD MP& M12. xls] Unit Costs  High'!$ B$ 35* Wage_ Rate_ 2001) H29 ='[ AD MP& M12. xls] Unit Costs  High'!$ B$ 11* Wage_ Rate_ 2001 ='[ AD MP& M12. xls] Unit Costs  High'!$ B$ 27* Wage_ Rate_ 2001 = SUM( G28: G29)* Summary!$ E$ 13 = SUM( H28: H29)* Summary!$ E$ 13 = SUM( G28: G30) = SUM( H28: H30)

= AVERAGE( G18, G23, G28) = AVERAGE( H18, H23, H28) = AVERAGE( G19, G24, G29) = AVERAGE( H19, H24, H29) = AVERAGE( G20, G25, G30) = AVERAGE( H20, H25, H30) = SUM( G33: G35) = SUM( H33: H35)

February 14, 2003 11 of 14 AMSA Analysis formula. xls  EPA Estimates Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 I J K ANNUAL Original Upgrading from concentration to mass Average All Facilities =('[ AD MP& M12. xls] Unit Costs  Low'!$ B$ 51* Wage_ Rate_ 2001) I19 = AVERAGE( G18: I18) =('[ AD MP& M7A. xls] Unit Costs  Low'!$ C$ 19* Wage_ Rate_ 1999) K19 ='[ AD MP& M12. xls] Unit Costs  Low'!$ B$ 43* Wage_ Rate_ 2001 = AVERAGE( G19: I19) ='[ AD MP& M7A. xls] Unit Costs  Low'!$ C$ 11* Wage_ Rate_ 1999 = SUM( I18: I19)* Summary!$ E$ 13 = AVERAGE( G20: I20) $ 0 = SUM( I18: I20) = SUM( J18: J20) = SUM( K18: K20)

=('[ AD MP& M12. xls] Unit Costs  Medium'!$ B$ 51* Wage_ Rate_ 2001) I24 = AVERAGE( G23: I23) =('[ AD MP& M7A. xls] Unit Costs  Medium'!$ C$ 19* Wage_ Rate_ 1999) K24 ='[ AD MP& M12. xls] Unit Costs  Medium'!$ B$ 43* Wage_ Rate_ 2001 = AVERAGE( G24: I24) ='[ AD MP& M7A. xls] Unit Costs  Medium'!$ C$ 11* Wage_ Rate_ 1999 = SUM( I23: I24)* Summary!$ E$ 13 = AVERAGE( G25: I25) $ 0 = SUM( I23: I25) = SUM( J23: J25) = SUM( K23: K25)

=('[ AD MP& M12. xls] Unit Costs  High'!$ B$ 51* Wage_ Rate_ 2001)' EPA Estimates'! I29 = AVERAGE( G28: I28) =('[ AD MP& M7A. xls] Unit Costs  High'!$ C$ 19* Wage_ Rate_ 1999) K29 ='[ AD MP& M12. xls] Unit Costs  High'!$ B$ 43* Wage_ Rate_ 2001 = AVERAGE( G29: I29) ='[ AD MP& M7A. xls] Unit Costs  High'!$ C$ 11* Wage_ Rate_ 1999 = SUM( I28: I29)* Summary!$ E$ 13 = AVERAGE( G30: I30) $ 0 = SUM( I28: I30) = SUM( J28: J30) = SUM( K28: K30)

= AVERAGE( I18, I23, I28) = AVERAGE( J18, J23, J28) = AVERAGE( K18, K23, K28) = AVERAGE( I19, I24, I29) = AVERAGE( G34: I34) = AVERAGE( K19, K24, K29) = AVERAGE( I20, I25, I30) = AVERAGE( G35: I35) = AVERAGE( K20, K25, K30) = SUM( I33: I35) = SUM( J33: J35) = SUM( K33: K35)

February 14, 2003 12 of 14 AMSA Analysis formula. xls  EPA Estimates Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 L M ANNUAL REPERMIT Updated Original All Facilities All Facilities =('[ AD MP& M12. xls] Unit Costs  Low'!$ C$ 19* Wage_ Rate_ 2001) L19 =('[ AD MP& M7A. xls] Unit Costs  Low'!$ D$ 19* Wage_ Rate_ 1999) M19 ='[ AD MP& M12. xls] Unit Costs  Low'!$ C$ 11* Wage_ Rate_ 2001 ='[ AD MP& M7A. xls] Unit Costs  Low'!$ D$ 11* Wage_ Rate_ 1999 = SUM( L18: L19)* Summary!$ E$ 13 $ 0 = SUM( L18: L20) = SUM( M18: M20)

=('[ AD MP& M12. xls] Unit Costs  Medium'!$ C$ 19* Wage_ Rate_ 2001) L24 =('[ AD MP& M7A. xls] Unit Costs  Medium'!$ D$ 19* Wage_ Rate_ 1999) M24 ='[ AD MP& M12. xls] Unit Costs  Medium'!$ C$ 11* Wage_ Rate_ 2001 ='[ AD MP& M7A. xls] Unit Costs  Medium'!$ D$ 11* Wage_ Rate_ 1999 = SUM( L23: L24)* Summary!$ E$ 13 $ 0 = SUM( L23: L25) = SUM( M23: M25)

=('[ AD MP& M12. xls] Unit Costs  High'!$ C$ 19* Wage_ Rate_ 2001) L29 =('[ AD MP& M7A. xls] Unit Costs  High'!$ D$ 19* Wage_ Rate_ 1999) M29 ='[ AD MP& M12. xls] Unit Costs  High'!$ C$ 11* Wage_ Rate_ 2001 ='[ AD MP& M7A. xls] Unit Costs  High'!$ D$ 11* Wage_ Rate_ 1999 = SUM( L28: L29)* Summary!$ E$ 13 $ 0 = SUM( L28: L30) = SUM( M28: M30)

= AVERAGE( L18, L23, L28) = AVERAGE( M18, M23, M28) = AVERAGE( L19, L24, L29) = AVERAGE( M19, M24, M29) = AVERAGE( L20, L25, L30) = AVERAGE( M20, M25, M30) = SUM( L33: L35) = SUM( M33: M35)

February 14, 2003 13 of 14 AMSA Analysis formula. xls  EPA Estimates Record for the Final Metal Product and Machinery Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 N O P REPERMIT AVERAGE SUBSEQUENT Adj. Proposal Original Adj. Proposal All Facilities All Facilities All Facilities =('[ AD MP& M12. xls] Unit Costs  Low'!$ D$ 19* Wage_ Rate_ 2001) N19 =(( 4* K18)+ M18)/ 5 =(( 4* L18)+ N18)/ 5 ='[ AD MP& M12. xls] Unit Costs  Low'!$ D$ 11* Wage_ Rate_ 2001 =(( 4* K19)+ M19)/ 5 =(( 4* L19)+ N19)/ 5 = SUM( N18: N19)* Summary!$ E$ 13 =(( 4* K20)+ M20)/ 5 =(( 4* L20)+ N20)/ 5 = SUM( N18: N20) = SUM( O18: O20) = SUM( P18: P20)

=('[ AD MP& M12. xls] Unit Costs  Medium'!$ D$ 19* Wage_ Rate_ 2001) N24 =(( 4* K23)+ M23)/ 5 =(( 4* L23)+ N23)/ 5 ='[ AD MP& M12. xls] Unit Costs  Medium'!$ D$ 11* Wage_ Rate_ 2001 =(( 4* K24)+ M24)/ 5 =(( 4* L24)+ N24)/ 5 = SUM( N23: N24)* Summary!$ E$ 13 =(( 4* K25)+ M25)/ 5 =(( 4* L25)+ N25)/ 5 = SUM( N23: N25) = SUM( O23: O25) = SUM( P23: P25)

=('[ AD MP& M12. xls] Unit Costs  High'!$ D$ 19* Wage_ Rate_ 2001) N29 =(( 4* K28)+ M28)/ 5 =(( 4* L28)+ N28)/ 5 ='[ AD MP& M12. xls] Unit Costs  High'!$ D$ 11* Wage_ Rate_ 2001 =(( 4* K29)+ M29)/ 5 =(( 4* L29)+ N29)/ 5 = SUM( N28: N29)* Summary!$ E$ 13 =(( 4* K30)+ M30)/ 5 =(( 4* L30)+ N30)/ 5 = SUM( N28: N30) = SUM( O28: O30) = SUM( P28: P30)

= AVERAGE( N18, N23, N28) = AVERAGE( O18, O23, O28) = AVERAGE( P18, P23, P28) = AVERAGE( N19, N24, N29) = AVERAGE( O19, O24, O29) = AVERAGE( P19, P24, P29) = AVERAGE( N20, N25, N30) = AVERAGE( O20, O25, O30) = AVERAGE( P20, P25, P30) = SUM( N33: N35) = SUM( O33: O35) = SUM( P33: P35)

February 14, 2003 14 of 14 AMSA Analysis formula. xls  EPA Estimates


[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Notices]
[Pages 49781-49782]
[FR Doc No: 2014-19881]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0745]

Reopening of Docket and Request for Comments on the Food and Drug
Administration Safety and Innovation Act Action Plan

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice: reopening of docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the action plan issued as required by section 907 of
the Food and Drug Administration Safety and Innovation Act (FDASIA) and
the reopening of a public docket for comments pertaining to the action
plan.

DATES: Submit electronic or written comments by October 21, 2014.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jonca Bull, Office of Minority Health,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, rm.
4239, Silver Spring, MD, 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On July 9, 2012, the President signed FDASIA (Pub. L.112-144) into
law. Section 907 of FDASIA requires that FDA report on and address
certain information regarding clinical trial participation by
demographic subgroups and subset analysis of the resulting data.
Specifically, section 907(a) of FDASIA requires the Secretary of Health
and Human Services (the Secretary), acting through the FDA
Commissioner, to publish on FDA's Internet Web site a report
``addressing the extent to which clinical trial participation and the
inclusion of safety and effectiveness data by demographic subgroups
including sex, age, race, and ethnicity, is included in applications
submitted to the FDA,'' and provide such publication to Congress. The
report, entitled ``Reporting of Inclusion of Demographic Subgroups in
Clinical Trials and Data Analysis in Applications for Drugs, Biologics,
and Devices,'' was posted on FDA's Internet Web site in August 2013 and
is available at http://www.fda.gov/RegulatoryInformation/Legislation/FederalFoodDrugandCosmeticActFDCAct/SignificantAmendmentstotheFDCAct/FDASIA/ucm356316.htm.
    Section 907(b) of FDASIA further requires the Secretary, again
acting through the Commissioner, to publish an action plan on FDA's
Internet Web site and provide such publication to Congress. The action
plan is to contain recommendations, as appropriate, to improve the
completeness and quality of analyses of data on demographic subgroups
in summaries of product safety and effectiveness and in labeling; on
the inclusion of such data, or the lack of availability of such data in
labeling; and on ways to improve public availability of such data to
patients, health care providers, and researchers. These recommendations
are to include, as appropriate, a determination that distinguishes
between product types and applicability. The action plan is due not
later than 1 year after the publication of the report described
previously. The action plan entitled

``FDA Action Plan to Enhance the Collection and Availability of
Demographic Subgroup Data'' is being issued with this notice and is
available at http://www.fda.gov/RegulatoryInformation/;Legislation/
FederalFoodDrugandCosmeticActFDCAct/SignificantAmendmentstotheFDCAct/
FDASIA/ucm356316.htm.
    FDA is reopening the docket for 60 days to provide an opportunity
for interested individuals to submit comments on the action plan. When
submitting comments please reference the section of the action plan to
which your comments pertain. This docket is intended to ensure that
stakeholders have an opportunity to provide comments and that such
information submitted to FDA is available to all interested persons in
a timely fashion.

II. How to Submit Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: August 15, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-19881 Filed 8-21-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62924-62928]
[FR Doc No: 2018-26384]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33309; File No. 812-14822]

American Fidelity Assurance Company, et al.

November 29, 2018.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of application for an order approving the substitution of
certain securities pursuant to section 26(c) of the Investment Company
Act of 1940, as amended (the ``1940 Act'').

APPLICANTS: American Fidelity Assurance Company (the ``Insurance
Company''), American Fidelity Separate Account B and American Fidelity
Separate Account C (each, a ``Separate Account'' and together, the
``Separate Accounts''). Together, the Insurance Company and the
Separate Accounts are referred to as the ``Applicants.''

SUMMARY OF APPLICATION: Applicants seek an order pursuant to section
26(c) of the 1940 Act approving the substitution of shares of American
Funds IS Blue Chip Income and Growth Fund (the ``American Funds Blue
Chip Fund'') and Dreyfus VIF Opportunistic Small Cap Portfolio (the
``Dreyfus Small Cap Fund,'' and together with the American Funds Blue
Chip Fund, the ``Replacement Funds''), respectively, for shares of
BlackRock Basic Value V.I. Fund (the ``BlackRock Basic Value Fund''),
and BlackRock Advantage U.S. Total Market V.I. Fund (the ``BlackRock
Total Market Fund,'' and together with the BlackRock Basic Value Fund,
the ``Existing Funds''), respectively, held by the Separate Accounts
(the ``Substitution''), to support the Separate Accounts' variable
annuity contracts (each, a ``Contract'' and collectively, the
``Contracts'') that are issued by the Insurance Company.

FILING DATES: The application was filed on September 26, 2017, and
amended

on January 31, 2018, March 8, 2018, August 10, 2018 and November 7,
2018.

HEARING OR NOTIFICATION OF HEARING: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Secretary of
the Commission and serving Applicants with a copy of the request,
personally or by mail. Hearing requests should be received by the
Commission by 5:30 p.m. on December 24, 2018, and should be accompanied
by proof of service on Applicants, in the form of an affidavit or, for
lawyers, a certificate of service. Pursuant to rule 0-5 under the 1940
Act, hearing requests should state the nature of the writer's interest,
any facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE, Washington, DC 20549-1090; Applicants: Christopher T.
Kenney, General Counsel, American Fidelity Assurance Company, P.O. Box
73125, Oklahoma City, OK 73125-0523.

FOR FURTHER INFORMATION CONTACT: Asen Parachkevov, Senior Counsel, or
Andrea Ottomanelli Magovern, Branch Chief, at<PHONE_NUMBER> (Division
of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or an Applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Insurance Company is a stock life insurance company
incorporated under the laws of Oklahoma. The Insurance Company is a
wholly-owned subsidiary of American Fidelity Corporation, which is a
Nevada corporation that is controlled by a family investment
partnership. The Insurance Company is the depositor of the Separate
Accounts.
    2. Each of the Separate Accounts is a segregated asset account of
the Insurance Company, and each Separate Account is registered with the
Commission under the 1940 Act as a unit investment trust. The Separate
Accounts are used by the Insurance Company to issue the Contracts. The
Separate Accounts meet the definition of ``separate account'' contained
in Section 2(a)(37) of the 1940 Act. The assets of the Separate
Accounts are held in the Insurance Company's name on behalf of the
Separate Accounts and legally belong to the Insurance Company.
    3. The Insurance Company established Separate Account B to hold the
assets that underlie the AFAdvantage[supreg] Variable Annuity
contracts, and established Separate Account C to hold the assets that
underlie the AFMaxx[supreg] 457(b) Group Variable Annuity contracts.
Separate Account B offers individual contracts, and Separate Account C
offers group contracts. Separate Accounts B and C are divided into 12
sub-accounts, and each sub-account invests in the securities of a
single underlying mutual fund.
    4. Interests under the Contracts are registered under the
Securities Act of 1933 (the ``1933 Act''). The prospectus for each of
the Contracts contains a provision reserving the Insurance Company's
right to substitute another eligible investment option for any one of
the portfolios available under the Contract.\1\ Each Contract permits
each contract owner or participant in a group account (each, a
``Contract Owner'') to transfer Contract value from one subaccount to
another subaccount available under the Contract at any time, subject to
certain restrictions and charges described in the prospectuses for the
Contracts. None of the Contract restrictions, limitations or transfer
fees will apply in connection with the Substitution. The application
sets forth the registration statement file numbers for the Contracts
and the Separate Accounts.
---------------------------------------------------------------------------

    \1\ The Replacement Funds were not investment options in the
Separate Accounts as of the date of the original application;
however, the Insurance Company added the Dreyfus Small Cap Fund as
an investment option in each Separate Account on July 31, 2017 and
added the American Funds Blue Chip Fund as an investment option in
each Separate Account as of May 1, 2018.
---------------------------------------------------------------------------

    5. The Applicants propose to substitute shares of each of the
Replacement Funds for shares of the corresponding Existing Fund held by
the Separate Accounts. The investment adviser for the American Funds
Blue Chip Fund is Capital Research and Management Company. The
investment adviser for the Dreyfus VIF Small Cap Fund is the Dreyfus
Corporation. The Replacement Funds are advised by registered investment
advisers that are not affiliates of the Applicants. Comparisons of the
investment objectives, investment strategies, principal risks and past
performance of the Existing Funds and Replacement Funds are included in
the application.
    6. Applicants state that they are seeking the Substitution because
the BlackRock Total Market Fund (f/k/a BlackRock Value Opportunities
V.I. Fund (the ``BlackRock Value Opportunities Fund'')) made material
changes to its investment objectives and policies effective in June
2017. Due to the changes to its investment objectives, the fund is no
longer categorized as a small cap fund. Additionally, the fund's entire
portfolio management team was replaced with a new team that has a new
investment process. As a result of these changes, Separate Account
investors who originally invested in the BlackRock Value Opportunities
Fund are now invested in a fund with new investment objectives, a new
management team and new investment processes. The Applicants are
seeking the Substitution in order to replace BlackRock Total Market
Fund with a fund that more closely resembles the original BlackRock
Value Opportunities Fund in which the Separate Account participants
originally chose to invest.
    7. The Applicants also are seeking the Substitution to replace
shares of the BlackRock Basic Value Fund with shares of the American
Funds Blue Chip Fund. Applicants have an ongoing relationship with
American Funds, and the Separate Accounts currently offer another
American Funds product in their portfolio line-up. Applicants prefer to
build on their existing relationship with American Funds by adding the
American Funds Blue Chip Fund as the large cap investment option
offered under the Contracts in place of the BlackRock Basic Value Fund.
    8. The Applicants have analyzed the proposed Substitution and have
determined that the objectives and strategies of each of the
Replacement Funds are substantially similar to the objectives and
strategies of the corresponding Existing Fund, such that the essential
objectives and risk expectations of those Contract Owners with
interests in sub-accounts of the Existing Funds will continue to be met
after the Substitution. Additionally, the total annual expenses of the
American Funds Blue Chip Fund (0.41%) are less than those of the
corresponding Existing Fund (0.84%); and the total annual expenses of
the Dreyfus Small Cap Fund (0.86%) are less than those of the
corresponding Existing Fund (1.01%). The Substitution of the American
Funds Blue Chip Fund (0.41%) in place of the BlackRock Basic Value Fund
(0.73%) will also result in a decreased net expense ratio. Due to
expense waivers by the BlackRock Total Market Fund,

however, the Substitution of the Dreyfus Small Cap Fund (0.86%) in
place of the BlackRock Total Market Fund (0.55% after June 12, 2017;
0.92% before June 12, 2017) will not result in decreased net expense
ratios. The application sets forth the fees and expenses of each
Existing Fund and its corresponding Replacement Fund in greater detail.
    9. Applicants represent that as of the Substitution Date (defined
below), the Separate Accounts will redeem shares of the Existing
Portfolios for cash. Redemption requests and purchase orders will be
placed simultaneously so that Contract values will remain fully
invested at all times.
    10. Each Substitution will take place at the relative net asset
values of the respective shares (in accordance with section 22(c) of
the 1940 Act and rule 22c-1 thereunder) without the imposition of any
transfer or similar charges by Applicants. The Substitution will be
effected with no change in the amount or value of any Contract held by
Contract Owners whose assets are allocated to the Replacement Funds as
part of the Substitution (the ``Affected Contract Owners'').\2\
---------------------------------------------------------------------------

    \2\ Applicants state that, because the Substitution will occur
at relative net asset value, and the fees and charges under the
Contracts will not change as a result of the Substitution, the
benefits offered by the guarantees under the Contracts will be the
same immediately before and after the Substitution. Applicants also
state that what effect the Substitution may have on the value of the
benefits offered by the Contract guarantees would depend, among
other things, on the relative future performance of the Existing
Funds and Replacement Funds, which Applicants cannot predict.
Nevertheless, Applicants note that at the time of the Substitution,
the Contracts will offer a comparable variety of investment options
with as broad a range of risk/return characteristics.
---------------------------------------------------------------------------

    11. The Substitution is designed to provide Contract Owners with
the ability to continue their investment in a similar investment option
without interruption and at no additional cost to them. In this regard,
the Insurance Company has agreed to bear all expenses incurred in
connection with the Substitution and related filings and notices,
including legal, accounting, brokerage, and other fees and expenses.
The Contract values of the Contract Owners impacted by the Substitution
will not change on the date of the Substitution as a result of the
Replacement Funds replacing the Existing Funds.
    12. The proposed Substitution will not cause the Contract fees and
charges currently being paid by Contract Owners to be greater after the
proposed Substitution than before the proposed Substitution. No
brokerage commissions, fees or other remuneration will be paid by
either the Existing Funds or the Replacement Funds or by Contract
Owners in connection with the Substitution. The terms of the benefits
available under the Contracts will not change as a result of the
proposed Substitutions. The Substitution will not result in adverse tax
consequences to Affected Contract Owners and will not alter any tax
benefits associated with the Contracts and no tax liability will arise
for the Affected Contract Owners as a result of the Substitution.
    13. At least 30 days prior to the Substitution Date, Contract
Owners will be notified, via prospectus supplements, that Applicants
received or expect to receive Commission approval of the proposed
Substitution and of the anticipated date of implementation of the
proposed Substitution (the ``Substitution Date'', and such supplements,
the ``Pre-Substitution Notice''). Pre-Substitution Notices sent to
Contract Owners will be filed with the Commission pursuant to rule
497(e) under the 1933 Act. The Pre-Substitution Notice will advise
Contract Owners that, for at least 30 days before the Substitution Date
through at least 30 days after the Substitution Date, (i) Affected
Contract Owners may make at least one transfer of Contract value from
the subaccount investing in the respective Existing Fund (before the
Substitution Date) or the corresponding Replacement Fund (after the
Substitution Date) to any other available investment option under the
Contract without charge, and (ii) that, except with respect to market
timing/short-term trading, the Applicants will not exercise any right
they may have under the Contracts to impose restrictions on transfers
between subaccounts under the Contract,. In addition, Affected Contract
Owners will receive a prospectus for the applicable Replacement Fund at
least 30 days before the Substitution Date.
    14. In addition to the Pre-Substitution Notices distributed to the
Contract Owners, within five business days of the Substitution Date,
Affected Contract Owners will be sent a written confirmation that will
include: (1) A confirmation that the Substitution was carried out as
previously notified, (2) a notice reiterating the information set forth
in the Pre-Substitution Notice, and (3) the values of the Contract
Owner's positions in the Existing Fund before the Substitution and the
Replacement Fund after the Substitution.

Legal Analysis

    1. Applicants request that the Commission issue an order pursuant
to section 26(c) of the 1940 Act approving the proposed Substitution.
Section 26(c) of the 1940 Act prohibits any depositor or trustee of a
registered unit investment trust that invests exclusively in the
securities of a single issuer from substituting the securities of
another issuer without the approval of the Commission. Section 26(c)
provides that such approval shall be granted by order from the
Commission if the evidence establishes that the substitution is
consistent with the protection of investors and the purposes of the
1940 Act.
    2. Applicants submit that the Substitution meets the standards set
forth in section 26(c) and that, if implemented, the Substitution would
not raise any of the concerns that Congress intended to address when
the 1940 Act was amended to include this provision. Applicants state
Substitution of the American Funds Blue Chip Fund in place of the
BlackRock Basic Value Fund will result in decreased net expense ratios
for investors in the BlackRock Basic Value Fund. Thus, the Substitution
protects the Contract Owners who are invested in the BlackRock Basic
Value Fund by providing a replacement fund that (1) is substantially
similar to the Existing Fund, and (2) reduces net operating expenses.
    3. Applicants submit that, although the Substitution of the Dreyfus
Small Cap Fund in place of the BlackRock Total Market Fund will not
result in decreased net expense ratios because of expense waivers by
the BlackRock Total Market Fund that were implemented as of June 12,
2017 when the fund changed its investment strategy from a small cap
strategy to an all cap strategy, the proposed Substitution will result
in Contract Owners holding shares of a fund that has investment
objectives and policies that are substantially similar to the
corresponding Existing Fund, prior to the investment strategy changes.
Therefore, the Substitution of the Dreyfus Small Cap Fund in place of
the BlackRock Total Market Fund is consistent with the protection of
Contract Owners and the purposes fairly intended by the policy and
provisions of the 1940 Act and, thus, meets the standards necessary to
support an order pursuant to Section 26(c) of the 1940 Act.
    4. The Insurance Company has reserved the right under the each of
the Separate Account's Contracts to substitute shares of another
underlying mutual fund for one of the current underlying mutual funds
offered as an investment option under the Contracts. The Contract
prospectuses disclose this right.

    5. Applicants submit that the Substitution will provide Contract
Owners with a comparable investment vehicle which will not circumvent
Contract Owner-initiated decisions and the Insurance Company's
obligations under the Contracts, and will enable Contract Owners to
continue to use the full range of applicable Contract features as they
currently use them. The Substitution will have no impact on the
Contract Owners' rights or privileges under the Contracts.
    6. Applicants submit that the proposed Substitution is not the type
of costly forced redemption that section 26 was designed to prevent.
The Contracts provide Contract Owners with investment discretion to
allocate and reallocate their Contract values among the available sub-
accounts that invest in the underlying mutual fund investment options.
Applicants submit that, after the proposed Substitution, ten investment
options will be offered under the Separate Account Contracts, and as
such, the likelihood of a Contract Owner being invested in an undesired
underlying mutual fund is minimized because the Contract Owners are
able to select from ten investment options that have a full range of
investment objectives, investment strategies and managers. Applicants
further state that the proposed Substitution is designed to provide
Contract Owners with the foregoing benefits while enabling them to
continue their investment in a similar investment option without
interruption and at no additional cost to them.
    7. The proposed transactions will take place at relative net asset
value in conformity with the requirements of section 22(c) of the 1940
Act and rule 22c-1 thereunder without the imposition of any transfer or
similar charges by the Applicants. The Substitution will be effected
without change in the amount or value of any Contract held by the
Affected Contract Owners. The Substitution will in no way alter the tax
treatment of Affected Contract Owners in connection with their
Contracts, and no tax liability will arise for Affected Contract Owners
as a result of the Substitution. The Substitution will not result in an
increase in Contract fees and expenses, including mortality and expense
risk fees and administration and distribution fees charged by the
Separate Accounts.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. The Substitution will not be effected unless the Insurance
Company determines that: (a) The Contracts allow the substitution of
shares of registered open-end investment companies in the manner
contemplated by the application; (b) the Substitution can be
consummated as described in the application under applicable insurance
laws; and (c) any regulatory requirements in each jurisdiction where
the Contracts are qualified for sale have been complied with to the
extent necessary to complete the Substitution.
    2. The Insurance Company or its affiliates will pay all expenses
and transaction costs of the Substitution, including legal and
accounting expenses, any applicable brokerage expenses and other fees
and expenses. No fees or charges will be assessed to the Affected
Contract Owners to effect the Substitution. The proposed Substitution
will not cause the Contract fees and charges currently being paid by
Contract Owners to be greater after the proposed Substitution than
before the proposed Substitution.
    3. The Substitution will be effected at the relative net asset
values of the respective shares of the Replacement Funds in conformity
with section 22(c) of the 1940 Act and rule 22c-1 thereunder without
the imposition of any transfer or similar charges by Applicants. The
Substitution will be effected without change in the amount or value of
any Contracts held by Affected Contract Owners.
    4. The Substitution will in no way alter the tax treatment of
Affected Contract Owners in connection with their Contracts, and no tax
liability will arise for Affected Contract Owners as a result of the
Substitution.
    5. The obligations of the Applicants and the rights of the Affected
Contract Owners under the Contracts will not be altered in any way. The
Substitution will not adversely affect any riders under the Contracts.
    6. Affected Contract Owners will be permitted to make at least one
transfer of Contract value from the subaccount investing in the
respective Existing Fund (before the Substitution Date) or the
corresponding Replacement Fund (after the Substitution Date) to any
other available investment option under the Contract without charge for
a period beginning at least 30 days before the Substitution Date
through at least 30 days following the Substitution Date. Except as
described in any market timing/short-term trading provisions of the
relevant prospectus, the Applicants will not exercise any right they
may have under the Contracts to impose restrictions on transfers
between the subaccounts under the Contracts, including limitations on
the future number of transfers, for a period beginning at least 30 days
before the Substitution Date through at least 30 days following the
Substitution Date.
    7. All Affected Contract Owners will be notified at least 30 days
before the Substitution Date about: (a) The intended substitution of
the Existing Funds with the Replacement Funds; (b) the intended
Substitution Date; and (c) information with respect to transfers as set
forth in Condition 6 above. In addition, the Applicants will deliver to
all Affected Contract Owners, at least thirty (30) days before the
Substitution Date, a prospectus for the applicable Replacement Fund.
    8. The Applicants will deliver to each Affected Contract Owner
within five (5) business days of the Substitution Date a written
confirmation which will include: (a) A confirmation that the
Substitution was carried out as previously notified; (b) a restatement
of the information set forth in the Pre-Substitution Notice; and (c)
the values of the Contract Owners' positions in the Existing Funds
before the Substitution and the Replacement Funds after the
Substitution.
    9. Applicants and their affiliates will not receive, for three
years from the Substitution Date, any direct or indirect benefits from
the Replacement Funds, their investment advisers or underwriters (or
their affiliates), in connection with assets attributable to Contracts
affected by the Substitution, at a higher rate than they had received
from the Existing Funds, their investment advisers or underwriters (or
their affiliates), including without limitation 12b-1 fees, shareholder
service, administrative or other service fees, revenue sharing, or
other arrangements.
    10. Applicants agree that for those Contracts with assets allocated
to the BlackRock Total Market Fund on the Substitution Date, for a
period of one year following the Substitution Date, the Insurance
Company or an affiliate thereof will reimburse, at least as frequently
as the last business day of each fiscal quarter, the Contract Owners
whose subaccounts invest in the Dreyfus Small Cap Fund to the extent
that the Dreyfus Small Cap Fund's net annual operating expenses (taking
into account fee waivers and expense reimbursements) for such period
exceed, on an annualized basis, the net annual operating expenses of
the BlackRock Total Market Fund for the most recent fiscal year
preceding the date of the most recently filed application. The
Insurance Company will not increase the Contract fees and charges that
would otherwise be assessed under the terms of the

Contracts for a period of at least one year following the Substitution
Date.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26384 Filed 12-4-18; 8:45 am]
 BILLING CODE 8011-01-P


MEMORANDUM
TO: Docket
FROM: Michael Laney, RTI International
SUBJECT: Contact Summary - Gina Nance, V.P. Environmental Affairs, GCC<PHONE_NUMBER>)
DATE: 8/30/2016
Ms. Nance called with questions regarding the Cement Modeling File for Industry received on August 22, 2016 modeling files.


[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Proposed Rules]
[Pages 40057-40060]
[FR Doc No: 2013-15947]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0467; Directorate Identifier 2013-NM-023-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This proposed
AD was prompted by reports of certain sliding windows that were
difficult to operate after landing. This proposed AD would require a
detailed inspection to identify part numbers of sliding windows and
sliding window seals, and modification if necessary. This proposed AD
also includes an optional replacement. We are proposing this AD to
detect and correct incorrect seals, which could lead to the functional
loss of the sliding window as an exit, possibly preventing the
flightcrew from safely evacuating the airplane during an emergency.

DATES: We must receive comments on this proposed AD by August 19, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For Airbus service information identified in this proposed AD,
contact Airbus, Airworthiness Office--EIAS, 1

Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. For PPG Aerospace
service information identified in this proposed AD, contact PPG
Aerospace, 12780 San Fernando Road, Sylmar, CA 91342; telephone 818-
362-6711; fax<PHONE_NUMBER>; Internet http://corporateportal.ppg.com/na/aerospace. You may review copies of the 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<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0467;
Directorate Identifier 2013-NM-023-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0011, dated January 15, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Several occurrences have been reported on A320 family aeroplanes
of PPG sliding windows that were difficult to operate after landing.
    The investigation results revealed that when a seal having Part
Number (P/N) 22-17-7640-1 or P/N 22-17-7640-2 is installed on a
sliding window, closure of the window can create a vacuum between
the 2 tubes of the pressure seal, leading to the window remaining
stuck to the frame on the fuselage side, due to suction effect.
    This condition, if not detected and corrected, could lead to the
functional loss of the sliding window as an exit, possibly
preventing the flight crew from safely evacuating the aeroplane
during an emergency.
    For the reasons described above, this [EASA] AD requires a one-
time detailed inspection (DI) of the sliding windows and its seal to
identify the affected sliding window seals and, depending on
findings, accomplishment of the applicable corrective actions
[corrective action includes a modification or replacement].

    The subject area on certain Airbus Model A318, A319, and A321
series airplanes is almost identical to that on the affected Model A320
series airplanes. Therefore, those Model A318, A319, and A321 series
airplanes may be subject to the unsafe condition revealed on the Model
A320 series airplanes. You may obtain further information by examining
the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-56-1015, dated September
14, 2012; and Service Bulletin A320-56-1016, including Appendices 01
and 02, dated September 14, 2012. PPG Aerospace has issued Service
Bulletin 165312-56-001, dated February 29, 2012. The actions described
in this service information are intended to correct the unsafe
condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    While paragraph (2) of EASA AD 2013-0011, dated January 15, 2013,
requires modification of the sliding window seal before further flight,
this AD requires modification of the sliding window seal within the
compliance time specified in paragraph (g) of this AD. This difference
has been coordinated with EASA.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 851 products of U.S. registry. We also estimate that
it would take about 3 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $217,005, or $255 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $0, for a cost of $85
per product. We have no way of determining the number of products that
may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national

Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2013-0467; Directorate Identifier 2013-NM-
023-AD.

(a) Comments Due Date

    We must receive comments by August 19, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A318-111, -112, -121, and -122
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes; certificated in any category; all
manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 56, Windows.

(e) Reason

    This AD was prompted by reports of certain sliding windows that
were difficult to operate after landing. We are issuing this AD to
detect and correct incorrect seals, which could lead to the
functional loss of the sliding window as an exit, possibly
preventing the flightcrew from safely evacuating the airplane during
an emergency.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspection

    Within 750 flight cycles or 750 flight hours, or within 4
months, after the effective date of this AD, whichever occurs first:
Do a detailed inspection to identify part numbers (P/Ns) of each
window and seal of the left-hand (LH) and right-hand (RH) sliding
windows and sliding window seals, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-56-1016,
including Appendices 01 and 02, dated September 14, 2012. A review
of airplane maintenance records is acceptable in lieu of this
inspection if the part number of the window and seal of the LH and
RH sliding windows and sliding window seals can be conclusively
determined from that review.

(h) Modification

    If a sliding window part number identified in table 1 to
paragraph (h) of this AD is found during the inspection required by
paragraph (g) of this AD, and the part number does not have
modification amendment M, and does have sliding window seals having
P/N 22-17-7640-1 or P/N 22-17-7640-2 installed: Within the
compliance time specified in paragraph (g) of this AD, modify the
sliding window seal, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-56-1015, dated
September 14, 2012.

   Table 1 to Paragraph (h) of This AD--Affected PPG Aerospace Sliding
                           Window Part Numbers
------------------------------------------------------------------------
               Left-hand                            Right-hand
------------------------------------------------------------------------
NP165312-1.............................  NP165312-2
NP165312-3.............................  NP165312-4
NP165312-5.............................  NP165312-6
NP165312-7.............................  NP165312-8
NP165312-9.............................  NP165312-10
NP165312-11............................  NP165312-12
------------------------------------------------------------------------

(i) Optional Replacement

    For sliding windows identified as affected in paragraph (h) of
this AD, replacement of a sliding window seal having P/N 22-17-7640-
1 L/H or P/N 22-17-7640-2 R/H with a seal having P/N 22-17-7640-3 L/
H or P/N 22-17-7640-4 R/H, respectively done, in accordance with a
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA, or the European Aviation
Safety Agency (EASA) (or its delegated agent), is an acceptable
alternative method of compliance with the modification required by
paragraph (h) of this AD.

    Note 1 to paragraph (i) of this AD: Guidance for replacement of
a sliding window seal can be found in Page Block 401 of Sub-section
56-12-11 of the Airbus A318/A319/A320/A321 Aircraft Maintenance
Manual.

(j) Exceptions to Requirements of Paragraphs (g) and (h) of this AD

    (1) Airplanes on which Airbus modification 153512 (installation
of sliding window with P/N NP165312-13 and P/N NP165312-14 with
improved seal) or modification 153534 (installation of sliding
window with P/N NP165312-11 and P/N NP165312-12 with amendment M)
has been embodied in production are not affected by the requirements
of paragraphs (g) and (h) of this AD, provided that no sliding
window or sliding window seal has been replaced since first flight.
    (2) Airplanes on which Airbus modification 39587 (installation
of affected seal on PPG Aerospace sliding windows) has not been
embodied in production are not affected by the requirements of
paragraphs (g) and (h) of this AD, provided that no sliding window
or sliding window seal has been replaced since first flight.

(k) Parts Installation Limitation

    As of the effective date of this AD, no person may install on
any airplane any PPG Aerospace sliding window with a part number
listed in table 1 to paragraph (h) of this AD with a seal having P/N
22-17-7640-1 or P/N 22-17-7640-2, unless the seal has been modified
in accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-56-1015, dated September 14, 2012; or PPG Aerospace
Service Bulletin 165312-56-001, dated February 29, 2012.

(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: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective

actions are considered FAA-approved if they are approved by the
State of Design Authority (or their delegated agent). You are
required to assure the product is airworthy before it is returned to
service.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0011, dated January 15,
2013, for related information.
    (2) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. For PPG Aerospace service
information identified in this AD, contact PPG Aerospace, 12780 San
Fernando Road, Sylmar, CA 91342; telephone<PHONE_NUMBER>; fax 818 362
0603; Internet http://corporateportal.ppg.com/na/aerospace. You may
review copies of the 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 14, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-15947 Filed 7-2-13; 8:45 am]
BILLING CODE 4910-13-P


37 Table 5c. Annual Burden and Cost for the Federal Government to Implement ( Third Year)

Proposed NESHAP for Existing Carbon Black Production Facilities A B C D E F Burden item Technical Technical Management Clerical Total cost hours per Occurrences hours per year hours per year hours per year per year occurrence per year ( C = A x B) ( C x 0.05) ( C x 0.1)

@ $ 34.00 @ $ 56.00 @ $ 17.00 Review initial notification reports 8 7 56 2.8 5.6 $ 2,156 Review notifications of compliance status 10 7 70 3.5 7 $ 2,695 Review semiannual summary reports 15 14 210 10.5 21 $ 8,085 Review notifications of performance tests 4 2 8 0.4 0.8 $ 308 Attend initial performance tests 120 2 240 12 24 $ 9,240 Review test results 10 2 20 1 2 $ 770 Total hours 604 30.2 60.4 Total costs $ 23,254