[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Proposed Rules]
[Pages 52591-52595]
[FR Doc No: 2014-20939]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0592]
RIN 1625-AA11

Regulated Navigation Area; Lake Michigan, Chicago Harbor Lock,
Chicago, IL to Calumet Harbor, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a regulated navigation
area for waters of Lake Michigan within 5 nautical miles from shore
from the Chicago Harbor Lock, Chicago, Illinois

to Calumet Harbor, Chicago, Illinois. This regulated navigation area is
intended to allow barges to transit an alternate route on a portion of
Lake Michigan due to the temporary closure of the Thomas J. O'Brien
Lock on RM 326.5 on the Calumet River. This proposed regulated
navigation area is necessary to ensure vessel safety and facilitate
commerce.

DATES: Comments and related material must be received by the Coast
Guard on or before October 6, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0592 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Delivery: 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>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Heidi Bragalone, U.S. Coast Guard Marine
Safety Unit Chicago; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. Public Participation and Request for Comments

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

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2014-0592), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online, it will be considered received by the Coast Guard when
you successfully transmit the comment. If you fax, hand deliver, or
mail your comment, it will be considered as having been received by the
Coast Guard when it is received at the Docket Management Facility. We
recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2014-0592'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2014-0592 in the ``SEARCH'' box and click
``Search.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

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

B. Regulatory History and Information

    On June 4, 2014, Coast Guard Marine Safety Unit Chicago,
Willowbrook, Illinois hosted a meeting with industry stakeholders and
the United States Army Corps of Engineers to discuss the upcoming
closure of the Thomas J. O'Brien Lock between November 3, 2014, and
March 6, 2015. The Thomas J. O'Brien Lock permits barge traffic to
transit the Illinois River System from Calumet Harbor to Chicago
Harbor, Illinois. To facilitate commerce during the projected closure
of the Thomas J. O'Brien Lock, it was determined during the meeting
that barges could be transported on an alternate route on Lake Michigan
through the Chicago Harbor Lock, Chicago, Illinois. Because federal
regulations for inspected and uninspected barges do not address this
temporary alternate route, it was also determined that requirements for
safe operation of barges were necessary for the transit to Chicago
Harbor Lock, Chicago, Illinois from Calumet Harbor, Chicago, Illinois.
In order to establish safe operating requirements for the temporary
alternate route, the District Commander is establishing a regulated
navigation area.
    For uninspected dry cargo river barges, Table 45.171 in 46 CFR
45.171 was used as a reference to establish safe operating parameters.
The barge requirements found in the voyage listed between Calumet
Harbor, Chicago, Illinois and Burns Harbor, Indiana were used for an
uninspected dry cargo river barge transiting the temporary alternate
route between Calumet Harbor, Chicago, Illinois and Chicago Harbor
Lock, Chicago, Illinois.
    For inspected river barges, special-service-limited-domestic-
voyages

regulations in 46 CFR part 44, Great Lakes load lines regulations in 46
CFR part 45, and Section 14 of the United States Coast Guard Load Line
Policy Notes were used as a reference. These regulations and Coast
Guard policy outlined the requirements for an inspected river barge
transiting the temporary alternate route between Calumet Harbor,
Chicago, Illinois and Chicago Harbor Lock, Chicago, Illinois. Inspected
river barges typically carry petroleum or chemical cargoes.

C. Basis and Purpose

    The legal basis for this proposed rule is the Coast Guard's
authority to establish RNAs and limited access areas: 33 U.S. C. 1226,
1231; 46 U.S. C. Chapter 701, 3306, 3703, 50 U.S. C. 191, 195; 33 CFR
1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    Between November 3, 2014, and March 6, 2015, the United States Army
Corps of Engineers anticipates closing the Thomas J. O'Brien Lock for
two 45-day periods in order to perform maintenance on the lock. The
Thomas J. O'Brien Lock closures present a significant challenge to the
barge industry and an alternate route is necessary in order to sustain
commerce. Further safe operating requirements for this temporary
alternate route are necessary to ensure safety of transiting barge
traffic.

D. Discussion of Proposed Rule

    This proposed regulated navigation area is necessary to facilitate
commerce and establish safe operating requirements for this temporary
alternate route. Thus, this proposed rule would establish an RNA on the
waters of Lake Michigan, between Chicago Harbor Lock, Chicago, Illinois
and Calumet Harbor, Chicago, Illinois, within 5 nautical miles from
shore.
    This proposed regulated navigation area would be effective and
enforced from November 1, 2014, through March 31, 2015.
    The enforcement dates and times for this regulated navigation area
are subject to change. In the event of a change, the Ninth District
Commander will provide notice to the public by issuing a Notice of
Enforcement for publication in the Federal Register, and announcing a
Broadcast Notice to Mariners.
    The Ninth District Commander will notify the public that the
regulated navigation area in this proposal is or will be enforced in
accordance with 33 CFR 165.7(a). Such means of notification may include
publication in the Federal Register, Broadcast Notice to Mariners, or
Local Notice to Mariners.
    Inspected and uninspected river barges transiting this regulated
navigation area, would need to operate in accordance with the following
regulations:

Uninspected Dry Cargo Barges

    In accordance with 46 CFR 45.171, unmanned dry cargo river barges
transiting between Chicago Harbor Lock, Chicago, Illinois and Calumet
Harbor, Chicago, Illinois must meet the requirements for voyages
between Burns Harbor, Indiana and Calumet Harbor, Chicago, Illinois
outlined in Table 45.171 of 46 CFR 45.171, as follows:
     Load line requirement: Conditionally exempted from load
line assignment.
     Where to register/apply: Exempted barges must be
registered with the USCG Marine Safety Unit Chicago, 555A Plainfield
Road, Willowbrook, IL 60527; Fax<PHONE_NUMBER>.
     Eligible barges are dry cargo river barges, built and
maintained in accordance with ABS River Rules, Length-to-depth ratio is
less than 22, and all weathertight and watertight closures are in
proper working condition. There is no age limitation.
     Barges freeboard must be at least 24 inches (610mm). On
open hopper barges, the coaming height + freeboard must be at least 54
inches (1,372 mm).
     Tow limitations: Barges must be unmanned. Barges must
transit within 5 nautical miles from shore. There is no limit on the
number of barges in tow.
     Cargo limitations: Dry cargoes only. Liquid cargoes, even
in drums or tank containers, are prohibited. No hazardous materials.
HazMats are defined in 46 CFR part 148 and 49 CFR chapter 1, subchapter
C.
     Weather limitations: Voyages will be conducted in ``Fair
weather'' only. If worse conditions arise during the transit, the
voyage must be discontinued and tow must proceed to shelter.
     Pre-departure preparations: Required; as specified in 46
CFR 45.191.
     Tow requirements:
    [cir] Power: sufficient to handle tow.
    [cir] Communication system: Recommended; 46 CFR 45.195(a).
    [cir] Cutting gear: Recommended; 46 CFR 45.195(b).
    [cir] Operational plan: Recommended; 46 CFR 45.197.

Coast Guard Inspected Tank Barges

    Unmanned inspected river barges operating between Chicago Harbor
Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois must meet
the following requirements:
     Markings: Great Lakes diamond without seasonal marks.
     Stability: Applicable 46 CFR subchapter S requirements.
     Strength: ABS Rules for Rivers and Intracoastal Waterways.
Tank barges over 300 feet in length must have loading information per
46 CFR 31.10-32.
     Freeboard: Dry cargo and tank barges are to comply with
the freeboard requirements of 46 CFR Part 45. Dry cargo barges will not
be assessed penalties for hatch coaming or hatch cover deficiencies.
     Load Line Certificate: Great Lakes certificate with the
following notation: ``This certificate is valid only for unmanned fair
weather voyages between Calumet Harbor, Chicago, Illinois and Burns
Harbor, Indiana.''
     Operating restrictions: Voyages will be conducted in
``Fair weather'' only. If worse conditions arise during the transit,
the voyage must be discontinued and tow must proceed to shelter. Barges
must transit within 5 nautical miles of shore.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order, or under section 1 of Executive
Order 13563. The Office of Management and Budget has not reviewed it
under those Orders. It is not ``significant'' under the regulatory
policies and procedures of the Department of Homeland Security (DHS).
We conclude that this proposed rule is not a significant regulatory
action because we anticipate that it will have minimal impact on the
economy, will not interfere with other agencies, will not adversely
alter the budget of any grant or loan recipients, and will not raise
any novel legal or policy issues. This proposed regulated navigation
area is intended to facilitate commerce and will not restrict
navigation because it will allow barges to transit an additional route
without making any changes to the current barge requirements. Overall,
we expect the economic impact of this proposed rule to be minimal and
that a full Regulatory Evaluation is unnecessary.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S. C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S. C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
    This proposed regulated navigation area will not have a significant
economic impact on a substantial number of small entities because it is
intended to facilitate commerce and will not restrict navigation
because it will allow barges to transit an additional route without
making any changes to the current barge requirements. If you think that
your business, organization, or governmental jurisdiction qualifies as
a small entity and that this rule would have a significant economic
impact on it, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and how and to what degree this rule would
economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Heidi Bragalone,
Waterways Management Branch, Coast Guard Marine Safety Unit Chicago,
Willowbrook, IL at<PHONE_NUMBER>. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S. C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of a regulated navigation area and is
therefore categorically excluded under figure 2-1, paragraph 34(g) of
the Instruction. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

Subpart F--Specific Regulated Navigation Areas and Limited Access
Areas

0
2. Add Sec.  165.T09-0592 under the undesignated center heading ``Ninth
Coast Guard District'' to read as follows:

Sec.  165.T09-0592  Regulated Navigation Area, Lake Michigan; Chicago
Harbor Lock, Chicago, IL to Calumet Harbor, Chicago, IL.

    (a) Location. All waters of Lake Michigan, between Chicago Harbor
Lock, Chicago, Illinois to Calumet Harbor, Chicago, Illinois, extending
within 5 nautical miles from shore.
    (b) Effective period and enforcement. The regulated navigation area
described in paragraph (a) of this section will be effective from
November 1, 2014, through March 31, 2015. This section is expected to
be enforced from November 1, 2014, through March 31, 2015, but the
enforcement dates and times for this regulated navigation area are
subject to change. In the event of a change, the Ninth District
Commander will provide notice to the public by issuing a Notice of
Enforcement for publication in the Federal Register, and announcing a
Broadcast Notice to Mariners.
    (c) Regulations. (1) In accordance with 46 CFR 45.171, unmanned dry
cargo river barges transiting between Chicago Harbor Lock, Chicago,
Illinois and Calumet Harbor, Chicago, Illinois must meet the
requirements for voyages between Burns Harbor, Indiana and Calumet
Harbor, Chicago, Illinois outlined in Table 45.171 of 46 CFR 45.171, as
follows:
    (i) Load line requirement: Conditionally exempted from load line
assignment.
    (ii) Where to register/apply: Exempted barges must be registered
with the USCG Marine Safety Unit, 555A Plainfield Road, Willowbrook, IL
60527; Fax<PHONE_NUMBER>.
    (iii) Eligible barges are dry cargo river barges, built and
maintained in accordance with ABS River Rules, Length-to-depth ratio is
less than 22, and all weathertight and watertight closures are in
proper working condition. There is no age limitation.
    (iv) Barges freeboard must be at least 24 inches (610mm). On open
hopper barges, the coaming height + freeboard must be at least 54
inches (1,372 mm)
    (v) Tow limitations: Barges must be unmanned. Barges must transit
within 5 nautical miles from shore. There is no limit on the number of
barges in tow.
    (vi) Cargo limitations: Dry cargoes only. Liquid cargoes, even in
drums or tank containers, are prohibited. No hazardous materials.
Hazardous materials are defined in 46 CFR part 148 and 49 CFR chapter
1, subchapter C.
    (vii) Weather limitations: Voyages will be conducted in ``Fair
weather'' only. If worse conditions arise during the transit, the
voyage must be discontinued and tow must proceed to shelter.
    (viii) Pre-departure preparations: Required; as specified in 46 CFR
45.191.
    (ix) Tow requirements:
    (A) Power: sufficient to handle tow.
    (B) Communication system: Recommended; 46 CFR 45.195(a).
    (C) Cutting gear: Recommended; 46 CFR 45.195(b).
    (D) Operational plan: Recommended; 46 CFR 45.197.
    (2) Unmanned inspected river barges operating between Chicago
Harbor Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois
must meet the following requirements:
    (i) Markings: Great Lakes diamond without seasonal marks.
    (ii) Stability: Applicable 46 CFR subchapter S requirements.
    (iii) Strength: ABS Rules for Rivers and Intracoastal Waterways.
Tank barges over 300 feet in length must have loading information per
46 CFR 31.10-32.
    (iv) Freeboard: Dry cargo and tank barges are to comply with the
freeboard requirements of 46 CFR Part 45. Dry cargo barges will not be
assessed penalties for hatch coaming or hatch cover deficiencies.
    (v) Load Line Certificate: Great Lakes certificate with the
following notation: ``This certificate is valid only for unmanned fair
weather voyages between Calumet Harbor, Chicago, Illinois and Burns
Harbor, Indiana.''
    (vi) Operating restrictions: Voyages will be conducted in ``Fair
weather'' only. If worse conditions arise during the transit, the
voyage must be discontinued and tow must proceed to shelter. Barges
must transit within 5 nautical miles from shore.

    Dated: August 8, 2014.
F.M. Midgette,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2014-20939 Filed 9-3-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 10, 2009 (Volume 74, Number 45)]
[Notices]
[Page 10256-10257]
[DOCID:fr10mr09-63]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0664]

Endocrinologic and Metabolic Drugs Advisory Committee; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Endocrinologic and Metabolic Drugs Advisory
Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on April 1 and 2, 2009,
from 8 a.m. to 5 p.m.
    Location: Hilton Washington DC/Silver Spring, The Ballrooms, 8727
Colesville Rd., Silver Spring, MD. The hotel telephone number is 301-
589-5200.
    Contact Person: Paul Tran, Center for Drug Evaluation and Research
(HFD-21), Food and Drug Administration, 5600 Fishers Lane (for express
delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857, 301-827-
7001, FAX:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line,

1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), code
3014512536. Please call the Information Line for up-to-date information
on this meeting. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the agency's Web site and
call the appropriate advisory committee hot line/phone line to learn
about possible modifications before coming to the meeting.
    Agenda: On April 1 and 2, 2009, two different new drug applications
(NDAs), proposed for the treatment of hyperglycemia in adults with type
2 diabetes mellitus will be discussed. On April 1, 2009, the committee
will discuss NDA 22-350, saxagliptin tablets, Bristol-Myers Squibb, and
on April 2, 2009, the committee will discuss NDA 22-341, liraglutide
injection, Novo Nordisk, Inc.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2009 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
March 23, 2009. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. on both days. Those desiring to
make formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before March 16, 2009. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by March 19, 2009.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Paul Tran at least 7
days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: March 3, 2009.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E9-5024 Filed 3-9-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2142-2144]
[FR Doc No: 2023-00427]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-505, OMB Control No. 3235-0562]

Proposed Collection; Comment Request; Extension: Rule 17d-1

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collections
of information

summarized below. The Commission plans to submit these existing
collections of information to the Office of Management and Budget for
extension and approval.
    Section 17(d) (15 U.S.C. 80a-17(d)) of the Investment Company Act
of 1940 (15 U.S.C. 80a et seq.) (the ``Act'') prohibits first- and
second-tier affiliates of a fund, the fund's principal underwriters,
and affiliated persons of the fund's principal underwriters, acting as
principal, to effect any transaction in which the fund or a company
controlled by the fund is a joint or a joint and several participant in
contravention of the Commission's rules. Rule 17d-1 (17 CFR 270.17d-1)
prohibits an affiliated person of or principal underwriter for any fund
(a ``first-tier affiliate''), or any affiliated person of such person
or underwriter (a ``second-tier affiliate''), acting as principal, from
participating in or effecting any transaction in connection with a
joint enterprise or other joint arrangement in which the fund is a
participant, unless prior to entering into the enterprise or
arrangement ``an application regarding [the transaction] has been filed
with the Commission and has been granted by an order.'' In reviewing
the proposed affiliated transaction, the rule provides that the
Commission will consider whether the proposal is (i) consistent with
the provisions, policies, and purposes of the Act, and (ii) on a basis
different from or less advantageous than that of other participants in
determining whether to grant an exemptive application for a proposed
joint enterprise, joint arrangement, or profit-sharing plan.
    Rule 17d-1 also contains a number of exceptions to the requirement
that a fund must obtain Commission approval prior to entering into
joint transactions or arrangements with affiliates. For example, funds
do not have to obtain Commission approval for certain employee
compensation plans, certain tax-deferred employee benefit plans,
certain transactions involving small business investment companies, the
receipt of securities or cash by certain affiliates pursuant to a plan
of reorganization, certain arrangements regarding liability insurance
policies and transactions with ``portfolio affiliates'' (companies that
are affiliated with the fund solely as a result of the fund (or an
affiliated fund) controlling them or owning more than five percent of
their voting securities) so long as certain other affiliated persons of
the fund (e.g., the fund's adviser, persons controlling the fund, and
persons under common control with the fund) are not parties to the
transaction and do not have a ``financial interest'' in a party to the
transaction. The rule excludes from the definition of ``financial
interest'' any interest that the fund's board of directors (including a
majority of the directors who are not interested persons of the fund)
finds to be not material, as long as the board records the basis for
its finding in their meeting minutes.
    Thus, the rule contains two filing and recordkeeping requirements
that constitute collections of information. First, rule 17d-1 requires
funds that wish to engage in a joint transaction or arrangement with
affiliates to meet the procedural requirements for obtaining exemptive
relief from the rule's prohibition on joint transactions or
arrangements involving first- or second-tier affiliates. Second, rule
17d-1 permits a portfolio affiliate to enter into a joint transaction
or arrangement with the fund if a prohibited participant has a
financial interest that the fund's board determines is not material and
records the basis for this finding in their meeting minutes. These
requirements of rule 17d-1 are designed to prevent fund insiders from
managing funds for their own benefit, rather than for the benefit of
the funds' shareholders.
    Based on an analysis of past filings, Commission staff estimates
that 43 funds file applications under section 17(d) and rule 17d-1 per
year. The staff understands that funds that file an application
generally obtain assistance from outside counsel to prepare the
application. The cost burden of using outside counsel is discussed
below. The Commission staff estimates that each applicant will spend an
average of 75 hours to comply with the Commission's applications
process. The Commission staff therefore estimates the annual burden
hours per year for all funds under rule 17d-1's application process to
be 3,225 hours at a cost of $1,428,675.\1\ The Commission, therefore,
requests authorization to reduce the inventory of total burden hours
per year for all funds under rule 17d-1 from the current authorized
burden of 3,542 hours to 3,225 hours. The reduction is due to a
decrease in the Commission's estimate of the number of internal annual
burden hours per application for exemptions under rule 17d-1.
---------------------------------------------------------------------------

    \1\ This estimate is based on the following calculation: 75
hours per applicant x $433 wage rate = $33,225. $33,225 x 43
exemption requests per year = $1,428,675. This blended rate is based
on the following: $580 (hourly rate for a chief compliance officer);
$510 (hourly rate for an assistant general counsel); and $238
(hourly rate for a paralegal). The Commission's estimates of the
relevant wage rates are based on the salary information for the
securities industry compiled by Securities Industry and Financial
Markets Association's Office Salaries in the Securities Industry
2013, as modified by Commission staff (``SIFMA Wage Report''). The
estimated figures are modified by firm size, employee benefits,
overhead, and adjusted to account for the effects of inflation.
---------------------------------------------------------------------------

    As noted above, the Commission staff understands that funds that
file an application under rule 17d-1 generally use outside counsel to
assist in preparing the application. The staff estimates that, on
average, funds spend an additional $53,100 for outside legal services
in connection with seeking Commission approval of affiliated joint
transactions. Thus, the staff estimates that the total annual cost
burden imposed by the exemptive application requirements of rule 17d-1
is $2,283,300.\2\
---------------------------------------------------------------------------

    \2\ This estimated burden is based on the estimated wage rate of
$531/hour, for 100 hours, for outside legal services. The
Commission's estimates of the relevant wage rates for external time
costs, such as outside legal services, take into account staff
experience, a variety of sources including general information
websites, and adjustments for inflation. The estimate is based on
the following calculation: $53,100 x 43 exemption requests per year
= $2,283,300.
---------------------------------------------------------------------------

    We estimate that funds currently do not rely on the exemption from
the term ``financial interest'' with respect to any interest that the
fund's board of directors (including a majority of the directors who
are not interested persons of the fund) finds to be not material.
Accordingly, we estimate that annually there will be no transactions
under rule 17d-1 that will result in this aspect of the collection of
information.
    Based on these calculations, the total annual hour burden is
estimated to be 3,225 hours and the total annual cost burden is
estimated to be $2,283,300.
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act. The estimate is not derived
from a comprehensive or even a representative survey or study of the
costs of Commission rules. Complying with these collections of
information requirement is necessary to obtain the benefit of relying
on rule 17d-1. Responses will not be kept confidential. 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 control
number.
    Written comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of

information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted by
March 13, 2023.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected] .

    Dated: January 6, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-00427 Filed 1-11-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices]
[Page 6428-6431]
[DOCID:fr09fe10-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61480; File No. SR-Phlx-2010-14]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX, Inc. Relating
to Transaction Fees and Rebates for Options

February 3, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''), \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 26, 2010, NASDAQ OMX PHLX, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Exchange's Fee Schedule by
adopting, on a pilot basis, per contract transaction fees for options
overlying the PowerShares QQQ Trust (``QQQQ'')[supreg]; Ishares Russell
2000 (``IWM'') and Citigroup Inc. (``C''). The fees would apply to: (i)
Transaction sides that remove liquidity from the Exchange's
disseminated market, and (ii) Firm and broker-dealer quotes and orders
that are included in the Exchange's disseminated market.
    Additionally, the Exchange proposes to offer a transaction rebate
to certain liquidity providers, as described more fully below.
    While changes to the Exchange's fee schedule pursuant to this
proposal are effective upon filing, the Exchange has designated this
proposal to be operative for trades settling on or after February 1,
2010. The proposed changes to the fee schedule will be effective on a
pilot basis, scheduled to expire March 2, 2010.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/
Filings/, at the principal office of the Exchange, at the Commission's
Public Reference Room, and on the Commission's Web site at http://
www.sec.gov.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to increase liquidity
and to attract order flow in QQQQ, IWM and C options on the Exchange.
Transaction Charges for Removing Liquidity
    The Exchange proposes to assess a per-contract transaction charge
in QQQQ, IWM and C options on six different categories of market
participants that submit orders and/or quotes that remove, or ``take,''
liquidity from the Exchange. The per-contract transaction charge would
depend on the category of market participant submitting an order or
quote to the Exchange that removes liquidity.
    The proposed amendments to the Exchange's Fee Schedule would break
down market participants by the following six categories: (i)
Specialists, Registered Options Traders (``ROTs'') \3\ that do not
submit electronic quotations (``Non-Streaming ROTs''),\4\ Streaming
Quote Traders (``SQTs''),\5\ and Remote Streaming Quote Traders
(``RSQTs''),\6\ (ii) customers that submit orders that are not Directed
Orders \7\ (``Non-Directed Customers''); (iii) customers that submit
Directed Orders (``Directed Customers''); \8\ (iv) specialists, SQTs
and

RSQTs that receive Directed Orders (``Directed Participants'' or
``Directed Specialists, RSQTs, or SQTs'' \9\); (v) Firms; and (vi)
broker-dealers.
---------------------------------------------------------------------------

    \3\ An ROT is a regular member or a foreign currency options
participant of the Exchange located on the trading floor who has
received permission from the Exchange to trade in options for his
own account.
    \4\ In addition to the fees for QQQQ, IWN and C options, Non-
Streaming ROTs will be assessed the fees applicable to Standard and
Poor's Depositary Receipts/SPDRs (``SPY''). See SR-Phlx-2009-116.
    \5\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through an electronic interface
with AUTOM via an Exchange approved proprietary electronic quoting
device in eligible options to which such SQT is assigned. See
Exchange Rule 1014(b)(ii)(A).
    \6\ An RSQT is an ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically through AUTOM in eligible options to which such RSQT
has been assigned. An RSQT may only submit such quotations
electronically from off the floor of the Exchange. See Exchange Rule
1014(b)(ii)(B).
    \7\ ``Directed Order'' means any customer order (other than a
stop or stop-limit order as defined in Rule 1066) to buy or sell
which has been directed to a particular specialist, RSQT, or SQT by
an Order Flow Provider, as defined below. To qualify as a Directed
Order, an order must be delivered to the Exchange via AUTOM.
    \8\ For the purposes of this fee, a Directed Customer is an
order from a customer directed to a Directed Participant for
execution. A Directed Participant is a Specialist, SQT, or RSQT that
executes an order directed to it for execution.
    \9\ See Exchange Rule 1080(l), `` * * * The term `Directed
Specialist, RSQT, or SQT' means a specialist, RSQT, or SQT that
receives a Directed Order.'' A Directed Participant has a higher
quoting requirement as compared with a specialist, SQT or RSQT who
is not acting as a Directed Participant. See Exchange Rule 1014.
---------------------------------------------------------------------------

    The per-contract transaction charges to be assessed on participants
who submit proprietary quotes and/or orders that remove liquidity in
QQQQ, IWM and C options from the Exchange in QQQQ, IWM and C options
are, by category:

------------------------------------------------------------------------
                                                          Charge  (per
                       Category                             contract)
------------------------------------------------------------------------
Specialist, ROT, SQT, RSQT............................             $0.40
Non-Directed Customer.................................              0.40
Directed Customer.....................................              0.25
Directed Participants.................................              0.30
Firms.................................................              0.45
Broker-Dealers........................................              0.45
------------------------------------------------------------------------

Transaction Charges for Adding Liquidity
    The Exchange proposes to assess a transaction charge of $0.35 per
contract to Firms and $0.45 per contract to broker-dealers.
Rebates
    In order to promote and encourage liquidity in QQQQ, IWM and C
options, the Exchange proposes to amend its fee schedule to include a
per-contract rebate relating to transaction charges for orders or
quotations that add liquidity in QQQQ, IWM and C options. The amount of
the rebate would depend on the category of participant whose order or
quote was executed as part of the PHLX Best Bid and Offer.
Specifically, the per-contract rebates are, by category:

------------------------------------------------------------------------
                                                          Rebate  (per
                       Category                             contract)
------------------------------------------------------------------------
Specialist, ROT, SQT, RSQT............................             $0.20
Non-Directed Customer.................................              0.05
Directed Customer.....................................              0.20
Directed Participants.................................              0.25
Firms.................................................               N/A
Broker-Dealers........................................               N/A
------------------------------------------------------------------------

Applicability of Other Fees
     The $900,000 monthly cap that is currently applicable to
ROTs and specialists transacting equity options will not be applicable
to the fees described herein.\10\
---------------------------------------------------------------------------

    \10\ See proposed rule change SR-Phlx-2009-104.
---------------------------------------------------------------------------

     The $85,000 Firm Related Equity Option Cap will not be
applicable to the fees described herein.\11\
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 61337 (January 12,
2010), 75 FR 2905 (January 19, 2010) (SR-Phlx-2009-104.)
---------------------------------------------------------------------------

     The Exchange pays a per-contract Market Access Provider
(``MAP'') Subsidy to any Exchange member organization that qualifies as
an Eligible MAP.\12\ The MAP Subsidy will not apply to electronic
transactions in QQQQ, IWM and C.\13\
---------------------------------------------------------------------------

    \12\ An ``Eligible MAP'' is defined in the Exchange's Fee
Schedule in the Market Access Provider Subsidy.
    \13\ See Securities Exchange Act Release No. 59537 (March 9,
2009), 74 FR 11151 (March 16, 2009) (SR-Phlx-2009-19).
---------------------------------------------------------------------------

     Payment for Order Flow fees \14\ will not be collected on
transactions in QQQQ, IWM and C options.
---------------------------------------------------------------------------

    \14\ See Securities Exchange Act Release No. 59841 (April 29,
2009), 74 FR 21035 (May 6, 2009) (SR-Phlx-2009-38).
---------------------------------------------------------------------------

     All electronic auctions will be free to Non-Directed
Customers, Directed Customers, Directed Participants, Specialists, SQTs
and RSQTs.\15\ Electronic auctions include, without limitation, the
Complex Order Live Auction (``COLA''),\16\ and Quote and Market Exhaust
auctions.\17\ Firms and broker-dealers will be assessed the appropriate
charge for removing liquidity.
---------------------------------------------------------------------------

    \15\ With respect to electronic auctions, it is systemically
difficult to determine which participant(s) would qualify for a
rebate, therefore the Exchange has determined not to apply the
rebate to transactions resulting from electronic auctions.
    \16\ COLA is the automated Complex Order Live Auction process. A
COLA may take place upon identification of the existence of a COLA-
eligible order either: (1) Following a COOP, or (2) during normal
trading if the Phlx XL system receives a Complex Order that improves
the cPBBO. See Exchange Rule 1080.
    \17\ Market Exhaust occurs when there are no Phlx XL II
participant (specialist, SQT or RSQT) quotations in the Exchange's
disseminated market for a particular series and an initiating order
in the series is received. In such a circumstance, the Phlx XL II
system, using Market Exhaust, will initiate a Market Exhaust auction
for the initiating order. Under Market Exhaust, any order volume
that is routed to away markets will be marked as an Intermarket
Sweep Order or ``ISO.'' See Exchange Rule 1082.
---------------------------------------------------------------------------

     The fees described herein will not apply to contracts
executed during the Exchange's opening process.\18\ Firms and broker-
dealers will be assessed the appropriate charge for removing liquidity.
---------------------------------------------------------------------------

    \18\ See Exchange Rule 1017.
---------------------------------------------------------------------------

     The Exchange pays an Options Floor Broker Subsidy to
member organizations with Exchange registered Floor Brokers for
eligible contracts that are entered into the Exchange's Options Floor
Broker Management System. The Options Floor Broker Subsidy will be
applicable to the transactions described herein.\19\
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 60578 (August 27,
2009), 74 FR 45666 (September 3, 2009) (SR-Phlx-2009-72).
---------------------------------------------------------------------------

     The Exchange assesses a Cancellation Fee of $2.10 per
order on member organizations for each cancelled electronically
delivered customer order in excess of the number of customer orders
executed on the Exchange by that member organization in a given
month.\20\ The Cancellation Fee will continue to apply.
---------------------------------------------------------------------------

    \20\ See Securities Exchange Act Release No. 60188 (June 29,
2009), 74 FR 32986 (July 9, 2009) (SR-Phlx-2009-48).
---------------------------------------------------------------------------

     Transaction fees for Linkage ``P'' and ``P/A'' Orders
would be applicable to the transaction listed herein.\21\
---------------------------------------------------------------------------

    \21\ See Securities Exchange Act Release No. 60210 (July 1,
2009), 74 FR 32989 (July 9, 2009) (SR-Phlx-2009-53). This pilot is
scheduled to expire on July 31, 2010. The Exchange understands that
certain exchanges continue to utilize Linkage to send P/A Orders.
---------------------------------------------------------------------------

     Regular Equity Option transaction fees will apply to
Complex Orders that are electronically executed against a contra-side
order with the same Complex Order Strategy.
     Single contra-side orders that are executed against the
individual components of Complex Orders will be charged under the
proposed Fee Schedule. The individual components of such a Complex
Order will not be charged.
     QQQQ, IWM and C transactions executed via open outcry will
be subject to the standard equity options fee schedule. However, if one
side of the transaction is executed using the Options Floor Broker
Management System \22\ and any other side of the trade was the result
of an electronically submitted order or a quote, then the fees proposed
herein will apply to the FBMS contracts and contracts that are executed
electronically on all sides of the transaction.
---------------------------------------------------------------------------

    \22\ The Options Floor Broker Management System (``FBMS'') is a
component of the Exchange's system designed to enable Floor Brokers
and/or their employees to enter, route and report transactions
stemming from options orders received on the Exchange. The Options
Floor Broker Management System also is designed to establish an
electronic audit trail for options orders represented and executed
by Floor Brokers on the Exchange, such that the audit trial provides
an accurate, time-sequenced record of electronic and other orders,
quotations and transactions on the Exchange, beginning with the
receipt of an order by the Exchange, and further documenting the
life of the order through the process of execution, partial
execution, or cancellation of that order. AUTOM is the Exchange's
electronic order delivery and reporting system, which provides for
the automatic entry and routing of Exchange-listed equity options,
index options and U.S. dollar-settled foreign currency options
orders to the Exchange trading floor. See Exchange Rule 1080,
Commentary .06.

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

The Effect of Current Fees Applicable to SPY
    The proposed fees for options overlying QQQQ, IWM and C currently
apply to options overlying SPY.\23\ The Exchange began charging the
same fees for SPY beginning with trades settling on or after January 4,
2010 on a pilot basis, scheduled to expire March 2, 2009 (the
``pilot''). As stated above, the proposed fees for QQQQ, IWM and C
options will be made part of the pilot.
---------------------------------------------------------------------------

    \23\ See SR-Phlx-2009-116.
---------------------------------------------------------------------------

    Prior to the implementation of the pilot respecting SPY options,
the percentage of customer orders in SPY options executed on the
Exchange that were Directed Customer orders was 83.6%. Since the
implementation of the pilot in SPY options, 93.8% are now Directed
Customer orders. This change suggests that charging different rates for
Directed and Non-Directed Customer orders creates an incentive for
member organizations to direct customer order flow to an Exchange
specialist, SQT or RSQT. The economic benefit of directing order flow
to Exchange specialists, SQTs and RSQTs, coupled with the incentive
based pricing for providing liquidity, have resulted in narrower
spreads and increased size in the Exchange's disseminated market in SPY
options. Furthermore, the Exchange's disseminated size in SPY options
represents a higher percentage of the National Best Bid/Offer
(``NBBO'') in SPY options since the implementation of the pilot.
Because of this, the Exchange has routed fewer customer orders to away
markets, thereby providing customers with faster and more efficient
executions at the NBBO on the Exchange, and reducing the number of
instances in which the liquidity disseminated by away markets might be
executed before such routed orders arrive.
    The Exchange expects that this pricing model will affect its
markets for options overlying QQQQ, IWM and C in the same way it has
affected its markets for SPY options. The economic incentives to direct
orders to Exchange Directed Participants, and the concomitant narrowed
spreads, increased liquidity, more frequent NBBO pricing, and overall
market efficiencies experienced by the Exchange in SPY options should
also be realized in QQQQ, IWM and C options. The proposal benefits
customers, the investing public and the options markets on the Exchange
in particular, and on the options markets as a whole.
    The Exchange is also proposing to make a minor modification to the
Fee Schedule to remove all plural references in the categories.
    The proposed changes to the fee schedule will be effective for
transactions settling on or after February 1, 2010, and will be
effective for a pilot period scheduled to expire March 2, 2010.
2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \24\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \25\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. The impact of the amendments
upon the net fees paid by a particular market participant will depend
on a number of variables, including its monthly volumes, the order
types it uses, and the prices of its quotes and orders (i.e., its
propensity to add or remove liquidity).
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b).
    \25\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that its proposal to charge a
different fee and to pay a different rebate for Non-Directed Customers
relative to Directed Customers is an equitable allocation of reasonable
fees and other charges among Exchange members, and is consistent with
the current fee schedule and industry fee assessments of member firms
that allow for different rates to be charged for different order types
originated by dissimilarly classified market participants.\26\
---------------------------------------------------------------------------

    \26\ NYSE Amex currently charges different rates to different
market participants in assessing its firm facilitation fee. See
Securities Exchange Act Release No. 60378 (July 23, 2009), 74 FR
38245 (July 31, 2009) (SR-NYSEAmex-2009-38).
---------------------------------------------------------------------------

    The Exchange notes that orders routed to the Exchange as Principal
Acting as Agent Orders (``P/A Orders'') \27\ via the Intermarket Option
Linkage (``Linkage'') under the Plan for the Purpose of Creating and
Operating an Intermarket Option Linkage (the ``Plan'') accounted for
most of the Non-Directed order flow the Exchange received in the
symbols affected under the instant proposal. The participating U.S.
options exchanges determined to withdraw from the Plan and, on June 17,
2008, the Exchange filed an executed copy of the Options Order
Protection and Locked/Crossed Market Plan (``New Plan''), joining all
other approved options markets in adopting the New Plan. The concept of
P/A orders routed through a central Linkage ``hub'' does not exist
under the New Plan. P/A Orders were routed to remove liquidity from the
Exchange under the Plan; orders routed from away markets to remove
liquidity are now routed directly to the Exchange, in large part as
Non-Directed Customer orders. The Exchange assessed transaction fees
applicable to the execution of P/A Orders, but did not assess
transaction fees on customer orders sent to the Exchange outside the
Linkage. The Exchange also charged different per-contract transaction
fees for P/A Orders and Principal Orders (``P Orders'') \28\ sent to
remove liquidity from the Exchange. The Exchange charged $0.45 per
option contract for P Orders sent to the Exchange and $.30 per contract
for P/A Orders,\29\ while charging nothing for customer orders
submitted to the Exchange outside the Linkage. The Exchange believes
that Non-Directed Customers now ``stand in the shoes'' of what were
previously P/A Orders, and the proposed transaction charges applicable
to Non-Directed Customers are similar to the charges that applied to P/
A Orders. Thus, these proposed fees are not unfairly discriminatory
relative to the proposed fees for Directed Customers, based upon the
precedent of charging for P/A Orders but not for customer orders sent
outside the Linkage.
---------------------------------------------------------------------------

    \27\ A P/A order is an order for the principal account of a
specialist (or equivalent entity on another participant exchange
that is authorized to represent public customer orders), reflecting
the terms of a related unexecuted Public Customer order for which
the specialist is acting as agent.
    \28\ A Principal Order is an order for the principal account of
an Eligible Market Maker and is not a P/A Order.
    \29\ See Securities Exchange Act Release No. 60210 (July 1,
2009), 74 FR 32989 (July 9, 2009) (SR-Phlx-2009-53).
---------------------------------------------------------------------------

    Order flow providers that control customer order flow and route
customer orders to exchanges are responsible to obtain the best pricing
available for their customers. An order flow provider has the ability
to enter into arrangements whereby they may receive consideration for
directing the customer order to a specific market maker (specialists,
SQTs and/or RSQTs). Under the proposal, a Directed Customer would be
charged a lower per-contract transaction fee, and would receive a
higher rebate, based on such an arrangement.
    The Exchange operates in a highly competitive market in which
market participants can readily direct order flow to competing venues
if they deem fee levels at a particular exchange to be excessive or
unfair. The Exchange believes that the fees it charges for options
overlying QQQQ, IWM and C remain competitive with fees charged by other
venues, provides incentives that improve execution quality and
therefore continue to be reasonable and equitably allocated to those
members that opt to

send order flow to the Exchange rather alternative options exchanges.

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

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

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \30\ and paragraph (f)(2) of Rule 19b-4 \31\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \31\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2010-14. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site 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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2010-14 and should be
submitted on or before March 2, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
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    \32\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2786 Filed 2-8-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1947-1948]
[FR Doc No: 2016-00535]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0443; FRL-9941-23]

Pesticide Product Registration; Fluopyram Receipt of Applications
for New Food Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received applications to register pesticide products
containing an active ingredient, fluopyram included in currently
registered pesticide products. Pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice
of receipt and opportunity to comment on these applications.

DATES: Comments must be received on or before February 16, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0443 and the Registration Number of
interest as shown in the body of this document, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Registration Applications

    EPA has received applications to register pesticide products
containing an active ingredient, fluopyram included in currently
registered pesticide products. Pursuant to the provisions of FIFRA
section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA is hereby providing notice
of receipt and

opportunity to comment on these applications. Notice of receipt of 264-
1078; 264-1084; 264-1085; 264-1090; 264-1091(end-use); 264-1077
(technical).
    Docket ID number: EPA-HQ-OPP-2015-0443. Applicant: Bayer
CropScience, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709.
These applications do not imply a decision by the Agency on these
applications. Active ingredient: Fluopyram. Product type: Fungicide.
    Proposed uses: Artichoke, globe; aspirated grain fractions; peanut
hay; hops; root vegetables, except beet, sugar, root, crop subgroup 1B;
tuberous and corm vegetables, crop subgroup 1C; potato wet peel;
vegetables, leaves of root and tuber, crop group 2; bulb vegetables,
bulb onion (crop subgroup 3-07A); bulb vegetables, green onions (crop
subgroup 3-07B); leafy greens (crop subgroup 4A), without spinach;
leafy greens (crop subgroup 4A) spinach; leafy petioles subgroup,
celery (crop subgroup 4B); brassica leafy vegetables: Head and stem
(crop subgroup 5A); brassica leafy vegetables: Leafy greens (crop
subgroup 5B); soybean forage; soybean hay; legume vegetables: Edible
podded (crop subgroup 6A); legume vegetables: Succulent shelled peas
and beans (crop subgroup 6B); legume vegetables: Dried shelled peas and
beans (crop subgroup 6C); vegetable, foliage of legume vegetables,
forage, hay and vines, forage (crop group 7); fruiting vegetables,
tomato subgroup (crop subgroup 8-10A); fruiting vegetables, pepper/
eggplant subgroup (crop subgroup 8-10B); cucurbit vegetables (crop
group 9A), melon subgroup; cucurbit vegetables (crop group 9B),
cucumber/squash subgroup; citrus fruits (crop group 10-10); citrus oil;
pome fruit (crop group 11-10); stone fruit (crop group 12-12A), cherry
subgroup; stone fruit (crop group 12-12B), peach subgroup; stone fruit
(crop group 12-12C), plum subgroup; berries and small fruit: Caneberry
(crop subgroup 13-07A); berries and small fruit: Bushberry (crop
subgroup 13-07B); raisins at 4.0 ppm; berries and small fruit, small
fruit vine climbing, except fuzzy kiwi (crop subgroup 13-07F); berries
and small fruit: Low growing berry (crop subgroup 13-07G); sorghum,
grain; wheat milled by-products; grass forage, fodder and hay: Forage
(crop group 17); herb crop (subcrop group 19A); dill seed; herbs,
dried; oilseeds, rapeseed, canola (crop subgroup 20A); oilseeds,
sunflower, seed (crop subgroup 20B); oilseeds: Cottonseed (crop
subgroup 20C); chicken, meat byproducts; chicken, fat; chicken, meat;
goat, fat; goat, meat; sugarcane, cane (indirect or inadvertent
residues).

    Authority:  7 U.S.C. 136 et seq.

    Dated: January 7, 2016.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-00535 Filed 1-13-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Proposed Rules]
[Pages 4614-4616]
[FR Doc No: 2020-01235]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1081; Product Identifier 2019-NM-153-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This
proposed AD was prompted by reports of the loss of all air data system
information provided to the flightcrew, which was caused by icing at
high altitudes. This proposed AD would require revising the existing
airplane flight manual (AFM) to provide the flightcrew with procedures
to stabilize the airplane's airspeed and attitude. The FAA is proposing
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by March 12,
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 2A3, Canada; North America toll-free telephone 1-866-538-1247 or
direct-dial telephone 1-514-855-2999; email<EMAIL_ADDRESS>
internet https://www.bombardier.com. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1081; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,

Mechanical Systems and Admin Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7323; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-1081;
Product Identifier 2019-NM-153-AD'' at the beginning of your comments.
The FAA specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-24, dated July 5,
2019 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier, Inc., Model BD-100-1A10 airplanes. You may examine
the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1081.
    This proposed AD was prompted by reports of the loss of all air
data system information provided to the flightcrew, which was caused by
icing at high altitudes. The FAA is proposing this AD to address the
loss of all air data system information provided to the flightcrew. If
not addressed, this condition may adversely affect continued safe
flight and landing. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information, which
provides a procedure for ``Unreliable Airspeed'' in the Emergency
Procedures section, and also provides a procedure for ``Go-Around'' in
the Normal Procedures section of the applicable AFM. These documents
are distinct since they apply to different airplane models.
     Bombardier Challenger 300 AFM, Publication No. CSP 100-1,
Revision 56, dated July 8, 2019.
     Bombardier Challenger 350 AFM, Publication No. CH 350 AFM,
Revision 22, dated July 8, 2019.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing AFM with
procedures for ``Unreliable Airspeed'' in the Emergency Procedures
section of the applicable AFM and with procedures for ``Go-Around'' in
the Normal Procedures section of the applicable AFM, as described
previously.

Costs of Compliance

    The FAA estimates that this proposed AD affects 560 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $47,600
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Bombardier, Inc.: Docket No. FAA-2019-1081; Product Identifier 2019-
NM-153-AD.

(a) Comments Due Date

    The FAA must receive comments by March 12, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, serial numbers 20001
through 20688 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports of the loss of all air data
system information provided to the flightcrew, which was caused by
icing at high altitudes. The FAA is issuing this AD to address the
loss of all air data system information provided to the flightcrew.
If not addressed, this condition may adversely affect continued safe
flight and landing.

(f) Compliance

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

(g) Revision of the Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD: Revise the
Emergency Procedures--Avionics (section 03-17) of the existing AFM
to include the information in the ``Unreliable Airspeed'' procedure
of the applicable AFM specified in figure 1 to paragraph (g) of this
AD, and revise the Normal Procedures--After Take-off (section 04-04)
of the existing AFM to include the information in the ``Go-Around''
procedure of the applicable AFM specified in figure 1 to paragraph
(g) of this AD.
[GRAPHIC] [TIFF OMITTED] TP27JA20.036

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2019-24, dated July 5, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-1081.
    (2) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems and Admin Services Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet https://www.bombardier.com. You
may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on January 21, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-01235 Filed 1-24-20; 8:45 am]
 BILLING CODE 4910-13-P