[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Rules and Regulations]
[Page 6994-6995]
[DOCID:fr12fe09-5]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 105

[Docket Nos. TSA-2006-24191; USCG-2006-24196]

Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License

AGENCY: United States Coast Guard; DHS.

ACTION: Notice of extension of compliance date, American Samoa, Captain
of the Port Zone Honolulu.

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SUMMARY: This document informs owners and operators of facilities
located on the island of American Samoa within Captain of the Port Zone
Honolulu that the date by which they must implement access control
procedures utilizing TWIC has been extended to no later than April 14,
2009. This extension is due to the fact that a large percentage of the
maritime workforce in American Samoa is not native to the island, and
do not need to comply with United States immigration laws.

DATES: The new compliance date for the TWIC regulations found in 33 CFR
part 105 for the island of American Samoa in Captain of the Port Zone
Honolulu is April 14, 2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this document as being available in the docket,
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are
available for inspection or copying at the Docket Management Facility,
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. You
may also find this docket on the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Regulatory History

    On May 22, 2006, the Department of Homeland Security (DHS), through
the United States Coast Guard (Coast Guard) and the Transportation
Security Administration (TSA), published a joint notice of proposed
rulemaking entitled ``Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector; Hazardous Materials
Endorsement for a Commercial Driver's License'' in the Federal Register
(71 FR 29396). This was followed by a 45-day comment period and four
public meetings. The Coast Guard and TSA issued a joint final rule,
under the same title, on January 25, 2007 (72 FR 3492) (hereinafter
referred to as the original TWIC final rule). The preamble to that
final rule contains a discussion of all the comments received on the
NPRM, as well as a discussion of the provisions found in the original
TWIC final rule, which became effective on March 26, 2007.
    On May 7, 2008, the Coast Guard and TSA issued a final rule to
realign the compliance date for implementation of the Transportation
Worker Identification Credential (73 FR 25562). The date by which
mariners need to obtain a TWIC, and by which owners and operators of
vessels and outer continental shelf facilities must implement access
control procedures utilizing TWIC, is April 15, 2009. Owners and
operators of facilities that

must comply with 33 CFR part 105 are subject to earlier, rolling
compliance dates, as set forth in 33 CFR 105.115(e). The Coast Guard
announced the rolling compliance dates, as provided in 33 CFR
105.115(e), at least 90 days in advance via notices published in the
Federal Register. The final compliance date for all COTP Zones will not
be later than April 15, 2009.
    On September 30, 2008, we announced the compliance date for COTP
Zone Honolulu would be February 12, 2009 (73 FR 56730).

II. Notice of Facility Compliance Date--American Samoa, COTP Zone
Honolulu

    Title 33 CFR 105.115(e) currently states that ``[f]acility owners
and operators must be operating in accordance with the TWIC provisions
in this part by the date set by the Coast Guard in a Notice to be
published in the Federal Register.'' Through this Notice, the Coast
Guard informs the owners and operators of facilities subject to 33 CFR
105.115(e) located on American Samoa within COTP Zone Honolulu that the
deadline for their compliance with Coast Guard and TSA TWIC
requirements has been extended until April 14, 2009.
    This extension is being granted due to the fact that approximately
87% of the maritime workers that require TWICs in American Samoa are
not native to the island, and do not need to comply with United States
immigration laws. They are not issued a visa by the U.S. Department of
State (DOS), and therefore they do not meet the immigration standards
required for a TWIC, found in 49 CFR 1572.105. This new date provides
sufficient time for the Coast Guard, in consultation with TSA, DHS, and
DOS, to determine whether there is an equivalent visa category that
these workers can use to qualify for a TWIC, or whether the TWIC
requirement for facilities in American Samoa needs to be reconsidered,
as it was for facilities located in the Commonwealth of the Northern
Marianas Islands (72 FR 55043).
    We note that this compliance delay ONLY applies to facilities
located on the island of American Samoa; facilities subject to 33 CFR
part 105 in the remainder of COTP Zone Honolulu must continue to comply
with the TWIC requirements beginning February 12, 2009.
    You may visit our Web site at homeport.uscg.mil/twic for a listing
of all compliance dates by COTP Zone. This list is subject to change;
any changes in compliance dates will appear on that Web site and be
announced in the Federal Register.

    Dated: February 9, 2009.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Chief, Ports and Facilities Activities.
 [FR Doc. E9-3119 Filed 2-10-09; 1:00 pm]

BILLING CODE 4910-15-P


[Federal Register: March 26, 2009 (Volume 74, Number 57)]
[Notices]
[Page 13309-13310]
[DOCID:fr26mr09-141]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket ID PHMSA-2009-0060]

Pipeline Safety: Workshop on New Pipeline Construction

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of workshop.

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SUMMARY: Recent new pipeline construction inspections by PHMSA have
identified issues regarding procedures and inspection of pipeline
coating, welding, and general pipeline construction practices. Many of
the issues required immediate response from operators to avoid
impacting long term pipeline integrity before the pipeline was put into
service. PHMSA is leading a workshop cosponsored by the National
Association of Pipeline Safety Representatives (NAPSR), the Federal
Energy Regulatory Commission (FERC), and the Canadian National Energy
Board (NEB), on new pipeline construction in established rights-of-way
to allow stakeholders of the pipeline safety community to learn about
and discuss these construction issues and current practices used to
resolve issues and ensure pipeline safety.

DATES: The workshop will be held on April 23, 2009. Name badge pick-up
and on-site registration will be available starting at 7:30 a.m. with
the workshop taking place from 8 a.m. until approximately 5 p.m.. Refer
to the meeting Web site for updated agenda and times at https://
primis.phmsa.dot.gov/meetings/Mtg58.mtg. Please note that all workshop
presentations will be available on the meeting Web site within 30 days
following the workshop.

ADDRESSES: The workshop will be held at the Omni Fort Worth Hotel, 1300
Houston Street, Fort Worth, TX 76102. Hotel reservations under the
``U.S. DOT Pipeline Construction'' room block for the nights of April
22-23, 2009, can be made at 1-817-535-6664. A daily rate of $149.00 is
available. The meeting room will be posted at the hotel on the day of
the workshop.

FOR FURTHER INFORMATION CONTACT: Elizabeth Komiskey at<PHONE_NUMBER>,
or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Registration: Members of the public may attend this free workshop.
To help assure that adequate space is provided, all attendees are
encouraged to register for the workshop at https://
primis.phmsa.dot.gov/meetings/Mtg58.mtg. Hotel reservations must be
made by contacting the hotel directly.
    Comments: Members of the public may also submit written comments,
either before or after the workshop. Comments should reference Docket
ID PHMSA-2009-0060. Comments may be submitted in the following ways:
     E-Gov Web Site: http://www.regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251
     Mail: Docket Management System, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Room W12-140, Washington,
DC 20590.
     Hand Delivery: DOT Docket Management System, Room W12-140,
on the ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
    Instructions: Identify the Docket ID at the beginning of your
comments. If you submit your comments by mail, submit two copies. If
you wish to receive confirmation that PHMSA has received your comments,
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.regulations.gov. Note: Comments will be posted
without changes or edits to http://www.regulations.gov including any
personal information provided. Please see the Privacy Act heading in
the Regulatory Analyses and Notices section of the SUPPLEMENTARY
INFORMATION for additional information.
    Privacy Act Statement: Anyone may search the electronic form of all
comments received for any of our dockets. You may review DOT's complete
Privacy Act Statement in the Federal Register published April 11, 2000
(65 FR 19477).
    Information on Services for Individuals with Disabilities: For
information on facilities or services for individuals with
disabilities, or to request special assistance at the meeting, please
contact Elizabeth Komiskey at<PHONE_NUMBER>, or by e-mail at
<EMAIL_ADDRESS>by April 15, 2009.
    Issue Description: The pipeline industry is experiencing
unparalleled growth driven by the need to satisfy the Nation's energy
demand and bring new sources of supply to the market. In the conduct of
its oversight of these increased activities, PHMSA inspections of new
pipeline projects have

discovered a number of issues that could have a clear impact on the
integrity of the pipeline.
    During the 2008 pipeline construction season, PHMSA inspectors
discovered issues requiring immediate operator remediation prior to the
pipeline being placed in service or requiring pressure reduction to
assure pipeline integrity. Issues discovered during PHMSA inspections
included poor quality control and procedures for welding, coating, and
materials; as well as inadequate operator inspection and general
construction practices. PHMSA developed this workshop in collaboration
with our State partners, FERC and NEB to inform the public, alert the
industry, review lessons learned from inspections, and to improve new
pipeline construction practices prior to the 2009 construction season.
    Due to time constraints, this workshop will focus solely on natural
gas transmission and hazardous liquid pipelines being constructed on
established rights-of-way and will not include discussion on property
rights, permitting or siting issues.

Preliminary Workshop Agenda

    The workshop will include:
    (1) Quality Control and Inspection,
    (2) Welding,
    (3) Coating,
    (4) Materials, and
    (5) Best practices for pipeline construction.
    Refer to the meeting Web site for a more detailed agenda: https://
primis.phmsa.dot.gov/meetings/Mtg58.mtg.

    Issued in Washington, DC, on March 19, 2009.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
 [FR Doc. E9-6690 Filed 3-25-09; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Page 23396]
[FR Doc No: 2021-09185]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4530-DR; Docket ID FEMA-2021-0001]

Oklahoma; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Oklahoma (FEMA-4530-DR), dated April 5, 2020, and
related determinations.

DATES: This amendment was issued March 11, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Oklahoma is hereby amended to include Individual
Assistance limited to COVID-19 Funeral Assistance under Other Needs
Assistance for those areas determined to have been adversely affected
by the event declared a major disaster by the President in his
declaration of April 5, 2020.

    Individual Assistance limited to COVID-19 Funeral Assistance
under Other Needs Assistance for all areas in the State of Oklahoma
(already designated for Individual Assistance, limited to the Crisis
Counseling Program and emergency protective measures [Category B]
not authorized under other Federal statutes, including direct
Federal assistance).
(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-09185 Filed 4-30-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: November 6, 2006 (Volume 71, Number 214)]
[Notices]
[Page 64949]
[DOCID:fr06no06-28]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2006-0440; FRL-8240-3]

Agency Information Collection Activities: Submission to OMB for
Review and Approval; Comment Request: Federal Emissions Guidelines for
Existing Municipal Solid Waste Landfills (Renewal); EPA ICR Number
1893.04, OMB Control Number 2060-0430; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; correction.

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SUMMARY: The Environmental Protection Agency published a document in
the Federal Register of October 19, 2006, concerning request for
comments on an Information Collection Request for Federal Emissions
Guidelines for Existing Municipal Solid Waste Landfills, EPA ICR Number
1893.04, OMB Control Number 2060-0430. The document contained an
incorrect EPA Docket ID Number.

FOR FURTHER INFORMATION CONTACT: Zofia Kosim,<PHONE_NUMBER>.

Correction

    In the Federal Register of October 19, 2006, in FR Doc. E6-17448,
on page 61768, at the bottom of the third column, correct the title to
read: Agency Information Collection Activities: Submission to OMB for
Review and Approval; Comment Request: Federal Emissions Guidelines for
Existing Municipal Solid Waste Landfills (Renewal); EPA ICR Number
1893.04, OMB Control Number 2060-0430.
    In the Federal Register of October 19, 2006, in FR Doc. E6-17448,
on page 61769, at the top of the first column, correct the first
paragraph of the ``Addresses'' caption to read:

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2006-0440, to (1) EPA online using http://www.regulations.gov (our preferred method) or by e-mail to<EMAIL_ADDRESS>or by mail to:

EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
by mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.
    In the Federal Register of October 19, 2006, in FR Doc. E6-17448,
on page 61769, at the top of the second column, correct the second
paragraph of the ``Supplementary Information'' caption to read:
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2006-0440, which is available for online viewing at
http:// www.regulations.gov, in person viewing at the Enforcement and

Compliance Docket in the EPA Docket Center (EPA/ DC), EPA West, Room
B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Enforcement
and Compliance Docket is<PHONE_NUMBER>.
    In the Federal Register of October 19, 2006, in FR Doc. E6-17448,
on page 61769, in the middle of the second column, correct the forth
paragraph of the ``Supplementary Information'' caption to read:
    Title: Federal Emissions Guidelines for Existing Municipal Solid
Waste Landfills (Renewal).

    Dated: October 30, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6-18657 Filed 11-3-06; 8:45 am]

BILLING CODE 6560-50-P


United States Environmental Protection Agency Prevention, Pesticides and Toxic Substances ( 7101) EPA 712   C   02   189 December 2002 Health Effects Test Guidelines OPPTS 870.1000 Acute Toxicity Testing   Background i INTRODUCTION This guideline is one of a series of test guidelines that have been developed by the Office of Prevention, Pesticides and Toxic Substances, United States Environmental Protection Agency for use in the testing of pesticides and toxic substances, and the development of test data that must be submitted to the Agency for review under Federal regulations.

The Office of Prevention, Pesticides and Toxic Substances ( OPPTS) has developed this guideline through a process of harmonization that blended the testing guidance and requirements that existed in the Office of Pollution Prevention and Toxics ( OPPT) and appeared in Title 40, Chapter I, Subchapter R of the Code of Federal Regulations ( CFR), the Office of Pesticide Programs ( OPP) which appeared in publications of the National Technical Information Service ( NTIS) and the guidelines published by the Organization for Economic Cooperation and Development ( OECD).

The purpose of harmonizing these guidelines into a single set of OPPTS guidelines is to minimize variations among the testing procedures that must be performed to meet the data requirements of the U. S. Environmental Protection Agency under the Toxic Substances Control Act ( 15 U. S. C. 2601) and the Federal Insecticide, Fungicide and Rodenticide Act ( 7 U. S. C. 136, et seq.).

Final Guideline Release: This guideline is available from the U. S. Government Printing Office, Washington, DC 20402 on disks or paper copies: call ( 202) 512   0132. This guideline is also available electronically in PDF ( portable document format) from EPA's Internet Web site at http:/ / www. epa. gov/ opptsfrs/ home/ guidelin. htm. 1 OPPTS 870.1000 Acute toxicity testing   background. ( a) Scope   ( 1) Applicability. This guideline is intended to meet testing requirements of both the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA) ( 7 U. S. C. 136, et seq.) and the Toxic Substances Control Act ( TSCA) ( 15 U. S. C. 2601).

( 2) Background. The source material for this revised harmonized test guideline is OPPTS 870.1000 Acute Toxicity Testing   Background, dated August 1998.

( b) Purpose. The Agency considers the evaluation of toxicity following short term exposure to a chemical to be an integral step in the assessment of its toxic potential under the regulatory framework of its pesticide and toxic substances programs. In the assessment and evaluation of the toxic characteristics of a substance, acute toxicity is generally performed by the probable route of exposure in order to provide information on health hazards likely to arise from short term exposure by that route. For pesticides, the short term toxicity testing battery consists of acute toxicity tests by the oral, dermal, and inhalation routes; skin and eye irritation testing; and testing for dermal sensitization. Data from an acute study may serve as a basis for hazard categorization, labeling, or child resistant packaging and may also serve to designate pesticides which may be applied only by certified applicators. It may also be an initial step in establishing a dosage regimen in subchronic and other studies and may provide information on absorption and the mode of toxic action of a substance. An evaluation of acute toxicity data should include the relationship, if any, between the exposure of animals to the test substance and the incidence and severity of all abnormalities, including behavioral and clinical abnormalities the reversibility of observed abnormalities, gross lesions, body weight changes, effects on mortality, and any other toxic effects.

( c) History   ( 1) Acute toxicity test guidelines. Test guidelines for acute toxicity were first published by the Agency in October 1982 as part of Subdivision F of the Pesticide Assessment Guidelines for the Office of Pesticide Programs ( OPP) ( see paragraph ( g)( 1) of this guideline) and in 40 CFR part 797 in September 1985 for the Office of Pollution Prevention and Toxics ( OPPT).

( 2) Rejection rate analysis. In 1993, as part of its Pesticide Rejection Rate Analysis, Agency and industry scientists met to perform a guidelineby guideline review of toxicology studies including acute toxicity studies. The purpose of this guideline by guideline review was to identify those factors that most frequently cause toxicology studies required for pesticide reregistration to be rejected. The results were published as the Pesticide Reregistration Rejection Rate Analysis: Toxicology ( see paragraph ( g)( 2) of this guideline). In 1995, representatives from the Agency met with the American Crop Protection Association ( ACPA), the Chemical Producers and Distributors Association ( CPDA), the Chemical Manufacturers Asso 2 ciation ( CMA), Health Canada, and the California Department of Pesticide Regulation ( CDPR) to discuss acceptable methods for the conduct of acute toxicity studies. The discussions of this meeting were incorporated into a preliminary Registration Division document titled Conduct of Acute Toxicity Studies ( see paragraph ( g)( 3) of this guideline). These documents supplement the acute toxicology guidelines in Subdivision F.

( 3) Guideline harmonization. The Series 870 Health Effects test guidelines have been harmonized between OPP and OPPT and, where possible with the Organization for Economic Cooperation and Development ( OECD) test guidelines. Scientific considerations from both of the analyses described in paragraph ( c)( 2) of this guideline have been incorporated into the revised test guidelines.

( d) Approaches to the determination of acute toxicity. ( 1) At present, the evaluation of chemicals for acute toxicity is necessary for the protection of public health and the environment. The Agency supports measures dedicated to reducing the use of animals in toxicity testing. When animal testing is required for this purpose, testing should be done in ways that minimize numbers of animals used and that take full account of their welfare. To this end, when conducting a test, the Agency stresses the simultaneous monitoring of several endpoints of toxicity in animals in a single acute study including sublethal effects as well as lethality. Dosed animals are observed for abnormal behavioral manifestations such as increased salivation or muscular incoordination, in addition to the recovery from these effects during the observation period. Both dead and surviving animals are necropsied to evaluate gross anatomical evidence of organ toxicity. In selected cases, additional testing may be justified to better characterize the kinds of abnormalities that have been found in the organs of the necropsied animals. These sound, scientific practices represent some of the means which maximize the utility of the data obtained from a limited number of test animals to achieve a balance between protecting humans and the environment, and the welfare and utilization of laboratory animals.

( 2) EPA recommends the following means to reduce the number of animals used to evaluate acute effects of chemical exposure while preserving its ability to make reasonable judgements about safety:

( i) Use of data from structurally related substances or mixtures. In order to minimize the need for animal testing for acute effects, the Agency encourages the review of existing acute toxicity information on chemical substances that are structurally related to the agent under investigation. In certain cases, it may be possible to obtain enough information to make preliminary hazard evaluations that may reduce the need for further animal testing for acute effects. Similarly, mixtures or formulated products that are substantially similar to well characterized mixtures or products may not need additional testing if there are sufficient bridging data available 3 for meaningful extrapolation. In those cases, classification would be extrapolated from the mixture already tested.

( ii) EPA recommends the Up and Down Procedure ( UDP), as detailed in this guideline and adopted by OECD as test Guideline 425 ( see paragraph ( g)( 4) of this guideline), to access acute oral toxicity. This method provides a point estimate of lethality and confidence interval. A dedicated program ( AOT425StatPgm) has been developed by EPA to assist laboratories in the conduct of this protocol. The Agency strongly recommends the use of this software package which is available on EPA's Internet Web site at http:// www. epa. gov/ oppfead1/ harmonization. Acute oral toxicity testing may also be performed using the Fixed Dose Method of OECD Guideline 420 ( see paragraph ( g)( 5) of this guideline) or the Acute Toxic Class Method of OECD Guideline 423 ( see paragraph ( g)( 6) of this guideline These methods assess lethality within a dose range.

( iii) Weight of evidence approaches to dermal and ocular irritation. Several factors should be considered in determining the corrosion and irritation potential of chemicals before testing is undertaken. Existing human experience and data and animal observations and data should be the first line of analysis, as it gives information directly referable to effects on the skin. In some cases, enough information may be available from structurally related compounds to make classification decisions. Likewise, pH extremes ( pH < 2 or > 11.5) may indicate dermal effects, especially when buffering capacity is known, although the correlation is not perfect. Generally such agents are expected to produce significant effects on the skin. It also stands to reason that if a chemical is extremely toxic by the dermal route, a dermal irritation/ corrosion study may not be needed. Likewise, if there is a lack of any dermal reaction at the limit dose ( 2,000 mg/ kg) in an acute toxicity study ( for which observations of dermal reactions were made), a dermal irritation/ corrosion study again may not be needed for labeling purposes. It should be noted, however, that often acute dermal toxicity and dermal irritation/ corrosion testing are performed in different species that may differ in sensitivity. In vitro alternatives that have been validated and accepted may also be used to help make classification decisions

( iv) All of the available information on a chemical should be used in determining the need for in vivo dermal irritation testing. Although information might be gained from the evaluation of single parameters within a tier ( e. g., caustic alkalies and acids with extreme pH ( pH < 2 or > 11.5) should be considered as dermal corrosives), there is merit in considering the totality of existing information and making an overall weight of evidence determination. This is especially true when there is information available on some but not all parameters.

( v) Use of limit testing. For chemicals judged to be relatively nontoxic a single group of animals is given a large dose of the agent. If 4 no lethality is demonstrated, no further testing is pursued. The substance is classified in hazard categories according to the limit dose used. ( See the following paragraph for a discussion of toxicity categories under FIFRA).

( e) Regulatory applications under FIFRA. ( 1) Precautionary labeling provides the pesticide user with a general idea of the potential toxicity, irritation and sensitization hazard associated with the use of a pesticide ( see EPA Label Review Manual ( paragraph ( g)( 7) of this guideline) and 40 CFR Part 156   Labeling Requirements for Pesticides and Devices). Precautionary labeling also identifies the precautions necessary to avoid exposure as well as any personal protective equipment which should be used when handling a pesticide and statements of practical treatment in case of accidental exposure. A globally harmonized system for classification and labeling has been approved through the United Nations. Implementation will be phased in by United Nations countries, with schedules to be announced. This section describes the current system in place for pesticides in the United States and will be revised and updated when the globally harmonized system is fully implemented.

( 2) Precautionary labeling which includes the signal word, personal protective equipment, hazard symbol, and statements of practical treatment is normally determined by six acute toxicity studies and product composition The acute oral, acute dermal and acute inhalation studies are used to determine the LD50 of a product via the designated route of exposure. The primary eye irritation and primary skin irritation studies measure the severity of irritation or corrosivity caused by a product. The dermal sensitization study determines whether a product is capable of causing an allergic reaction. With the exception of the dermal sensitization study, each acute toxicity study is assigned a toxicity category as defined in the table below. All products falling into toxicity categories I   IV must bear a signal word and in some cases warning symbols.

( 3) Personal Protective Equipment. Personal protective equipment which includes use of protective clothing, chemical resistant gloves, protective eye gear, and respiratory protective devices, is determined by the results of six acute toxicity studies according to toxicity category ( see table). The degree of protection required is graded according to the degree of acute toxicity and the hazard classification category of the chemical or product. These requirements are set forth in 40 CFR 170.240 in the Worker Protection Standard.

( 4) Restricted entry intervals. Agricultural products must display a restricted entry interval. A restricted entry interval is the time immediately following a pesticide application during which entry into the treated area is restricted. Restricted entry intervals are based on the most severe acute toxicity category assigned to the acute dermal, eye irritation and skin irritation data for all of the active ingredients in a pesticide product. The dura 5 tion of restricted entry intervals is based on the severity of toxicity, with products classified in category I requiring intervals of 48 hours or more and products classified in category III or IV requiring intervals of 12 hours.

( 5) Child resistant packaging. FIFRA establishes standards with respect to pesticide packaging of products intended for use in residential settings in order to protect children or adults from serious illness or injury resulting from accidental ingestion or contact with pesticides. Criteria in 40 CFR part 157 for which pesticides must be distributed or sold in childresistant packaging are based on classification according to the toxicity categories set forth in the table.

( 6) Restricted use pesticide. The Agency determines whether a pesticide must be applied under the direct supervision of a certified applicator. Such clarification for restricted use is based upon consideration of toxicity data, including acute toxicity, exposure, and intended use.

( 7) Biochemical pest control agents are tested in a special tiered progression The technical grade biochemical pest control agent is always characterized by acute toxicity tests. However, because of their nontoxic mode of action against the target pest, further testing of the biochemical pest control agent is normally not required. Microbial pest control agents are tested using the OPPTS Harmonized Test Guidelines Series 885, Microbial Pesticide Test Guidelines, for pathogenicity/ infectivity. In addition, all formulations of microbial pest control agents are tested for precautionary labeling using acute toxicity tests in the OPPTS Harmonized Test Guidelines Series 870, Health Effects Test Guidelines. 6 Toxicity Categories Study Category I Category II Category III Category IV Acute Oral Up to and including 50 mg/ kg > 50 through 500 mg/ kg > 500 through 5000 mg/ kg > 5000 mg/ kg Acute Dermal Up to and including 200 mg/ kg > 200 through 2000 mg/ kg > 2000 through 5000 mg/ kg > 5000 mg/ kg Acute Inhalation Up to and including 0.05 mg/ liter > 0.05 through 0.5 mg/ liter > 0.5 through 2 mg/ liter > 2 mg/ liter Eye Irritation Corrosive ( irreversible destruction of ocular tissue) or corneal involvement or irritation persisting for more than 21 days Corneal involvement or irritation clearing in 8 21 days Corneal involvement or irritation clearing in 7 days or less Minimal effects clearing in less than 24 hours Skin irritation Corrosive ( tissue destruction into the dermis and/ or scarring) Severe irritation at 72 hours ( severe erythema or edema) Moderate irritation at 72 hours ( moderate erythema) Mild or slight irritation ( no irritation or slight erythema)

Study Study results Study results Dermal Sensitization Product is a sensitizer or is positive for sensitization Product is not a sensitizer or is negative for sensitization ( f) Regulatory applications under TSCA. ( i) Acute oral toxicity data are used to provide a basic understanding of acute effects and to serve as a starting point for human hazard and risk assessments focused on occupational and general population exposures.

( ii) Acute oral toxicity testing is included in testing menus to obtain basic or `` screening level'' information on certain chemicals. These include higher volume/ higher exposure new chemicals where TSCA section 5( e) `` exposure based'' testing authorities are used to obtain a basic level of hazard and environmental fate information; and High Production Volume existing chemicals ( i. e., those produced and/ or imported at or above 1 million lbs/ yr) information data set.

( g) References. The following references should be consulted for additional background information on this test guideline.

( 1) U. S. Environmental Protection Agency. Pesticide Assessment Guidelines, Subdivision F: Health Effects. EPA report 540/ 09   82   025, October 1982.

( 2) U. S. Environmental Protection Agency. Pesticide Reregistration Rejection Rate Analysis: Toxicology. EPA report 738   R   93   004. July 1993.

( 3) U. S. Environmental Protection Agency. Conduct of Acute Toxicity Studies. EPA report 737   R   97   002. September 1997.

( 4) Organization for Economic Cooperation and Development, OECD Guidelines for Testing of Chemicals. Guideline 425: Acute Oral Toxicity   Up and Down Method. Approved: December 2001. 7 ( 5) Organization for Economic Cooperation and Development, OECD Guidelines for Testing of Chemicals. Guideline 420: Acute Oral Toxicity Fixed Done Method. Adopted: December 2001.

( 6) Organization for Economic Cooperation and Development, OECD Guidelines for Testing of Chemicals. Guideline 423: Acute Oral Toxicity Acute Toxic Class Method. Adopted: December 2001.

( 7) U. S. Environmental Protection Agency. Label Review Manual 2nd Edition. EPA report 737   B   96   001. December 1996.


[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54704-54707]
[FR Doc No: 2019-22139]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87229; File No. SR-CBOE-2019-088]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Make
Minor Updates and Consolidate Various Exchange Rules in Connection With
Trading Permit Holder Registration and With Doing Business With the
Public, and Move Those Rules From the Currently Effective Rulebook to
Proposed Chapter 9 and, in Part, Chapter 3 of the Shell Structure for
the Exchange's Rulebook That Will Become Effective Upon the Migration
of the Exchange's Trading Platform to the Same System Used by the Cboe
Affiliated Exchanges

October 4, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 3, 2019, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to make minor updates and consolidate various Exchange Rules in
connection with Trading Permit Holder (``TPH'') registration and with
doing business with the public, and move those Rules from the currently
effective Rulebook (``current Rulebook'') to proposed Chapter 9 and, in
part, Chapter 3 of the shell structure for the Exchange's Rulebook that
will become effective upon the migration of the Exchange's trading
platform to the same system used by the Cboe Affiliated Exchanges (as
defined below) (``shell Rulebook''). The text of the proposed rule
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    In 2016, the Exchange's parent company, Cboe Global Markets, Inc.
(formerly named CBOE Holdings, Inc.) (``Cboe Global''), which is also
the parent company of Cboe C2 Exchange, Inc. (``C2''), acquired Cboe
EDGA Exchange, Inc. (``EDGA''), Cboe EDGX Exchange, Inc. (``EDGX'' or
``EDGX Options''), Cboe BZX Exchange, Inc. (``BZX'' or ``BZX
Options''), and Cboe BYX Exchange, Inc. (``BYX'' and, together with
Cboe Options, C2, EDGX, EDGA, and BZX, the ``Cboe Affiliated
Exchanges''). The Cboe Affiliated Exchanges are working to align
certain system functionality, retaining only intended differences,
between the Cboe Affiliated Exchanges, in the context of a technology
migration. Cboe Options intends to migrate its trading platform to the
same system used by the Cboe Affiliated Exchanges, which the Exchange
expects to complete on

October 7, 2019. In connection with this technology migration, the
Exchange has a shell Rulebook that resides alongside its current
Rulebook, which shell Rulebook will contain the Rules that will be in
place upon completion of the Cboe Options technology migration.
    The Exchange proposes to consolidate current Chapter 9 in
connection with doing business with the public and TPH registration
into proposed Chapter 9 (Doing Business With the Public), as well as
proposed Section B of Chapter 3 (TPH Registration), in the shell
Rulebook. The Exchange notes that in addition to consolidating and
moving the various rules related to doing business with the public to
proposed Chapter 9 and those related to TPH registration to proposed
Section B of Chapter 3, the proposed rule change deletes the rules from
the current Rulebook. The proposed rule change moves and, where
applicable, consolidates the rules as follows:

------------------------------------------------------------------------
               Shell rule                          Current rule
------------------------------------------------------------------------
        Chapter 3. TPH Membership, Registration, and Participants
                       Section B. TPH Registration
------------------------------------------------------------------------
3.33 Continuing Education for
 Registered Persons:
    3.33(a)-(c)........................  9.3A Continuing Education for
                                          Registered Persons.
    3.33(d)............................  9.3A.01.
    3.33(e)............................  9.3A.02.
    3.33(f)............................  9.3A.03.
    3.33(g)............................  9.3A.04.
3.35 Exchange Approval.................  9.1 Exchange Approval; 21.19A
                                          Doing Business with the Public
                                          (government securities
                                          options, provision in
                                          connection with Rule 9.1).
3.36 Registration of Options
 Principals:
    3.36(a)............................  9.2 Registration of Options
                                          Principals; 21.19A Doing
                                          Business with the Public
                                          (government securities
                                          options, provision in
                                          connection with Rule 9.2).
    3.36(b)............................  9.2.01.
    3.36(c)............................  9.2.02.
3.37 Registration and Termination of
 Representatives:
    3.37(a)-(c)........................  9.3 Registration and
                                          Termination of
                                          Representatives.
    3.37(d)............................  9.3.01.
    3.37(e)............................  9.2.02.
3.38 Other Affiliations of Registered    9.4 Other Affiliations of
 Associated Persons.                      Registered Associated Persons.
3.39 Discipline, Suspension, Expulsion   9.5 Discipline, Suspension,
 of Registered Persons.                   Expulsion of Registered
                                          Persons.
3.40 Branch Offices of TPH
 Organizations:
    3.40(a)-(b)........................  9.6 Branch Offices of TPH
                                          Organizations.
    3.40(c)-(g)........................  9.6.01.
------------------------------------------------------------------------
                Chapter 9. Doing Business With the Public
------------------------------------------------------------------------
9.1 Opening of Accounts:
    9.1(a)-(f).........................  9.7 Opening of Accounts.
    9.1(b)(1)..........................  9.7.01.
    9.1(b)(2)..........................  9.7.02.
    9.1(c) last sentence in paragraph..  9.7.03.
    9.1(g).............................  9.7.04.
    9.1(h).............................  21.19A Doing Business with the
                                          Public (government securities
                                          options, provision in
                                          connection with Rule 9.7).
9.2 Supervision of Accounts:
    9.2(a)-(h).........................  9.8 Supervision of Accounts.
    9.2(g), included as last sentence..  9.8.03.
    9.2(i)-(j).........................  9.8.01-.02.
    9.2(k).............................  21.19A Doing Business with the
                                          Public (government securities
                                          options, provision in
                                          connection with Rule 9.8).
9.3 Suitability of Recommendations:
    9.3(a)-(b).........................  9.9 Suitability of
                                          Recommendations.
    9.3(c).............................  9.9.01.
9.4 Discretionary Accounts:
    9.4(a)-(e).........................  9.10 Discretionary Accounts.
    9.4(f).............................  9.10.01.
9.5 Confirmation to Customers..........  9.11 Confirmation to Customers.
9.6 Statements of Accounts to
 Customers:
    9.6(a).............................  9.12 Statements of Accounts to
                                          Customers.
    9.6(b).............................  9.12.01.
9.7 Statements of Financial Condition    9.13 Statements of Financial
 to Customers.                            Condition to Customers.
9.8 Addressing of Communications to      9.14 Addressing of
 Customers.                               Communications to Customers.
9.9 Delivery of Current Options          9.15 Delivery of Current
 Disclosure Documents.                    Options Disclosure Documents.
9.10 Restrictions on Pledge and Lending  9.16 Restrictions on Pledge and
 of Customers' Securities.                Lending of Customers'
                                          Securities.
9.11 Transactions of Certain Customers.  9.17 Transactions of Certain
                                          Customers.
9.12 Prohibition Against Guarantees and  9.18 Prohibition Against
 Sharing in Accounts.                     Guarantees and Sharing in
                                          Accounts.
9.13 Assuming Losses...................  9.19 Assuming Losses.
9.14 Transfer of Accounts:
    9.14(a)-(g)........................  9.20 Transfer of Accounts.
    9.14(h)-(i)........................  9.20.01-.02.

9.15 Options Communications:
    9.15(a)-(e)........................  9.21 Options Communications.
    9.15(e)(3).........................  9.21.01.
    9.15(f)............................  9.21.02.
    9.15(g)............................  9.21.03.
    9.15(h)............................  9.21.04.
9.16 Brokers' Blanket Bonds............  9.22 Brokers' Blanket Bonds,
                                          and introductory language to
                                          9.22.01.
    9.16(a)............................  9.22.01(a).
    9.16(b)............................  9.22.01(b).
    9.16(c)............................  9.22.01(c).
    9.16(d)............................  9.22.01(d).
    9.16(e)............................  9.22.01(e).
9.17 Customer Complaints...............  9.23 Customer Complaints.
9.18 Telemarketing:
    9.18(a)-(n)........................  9.24 Telemarketing.
    9.18(o)............................  9.24.01-.02.
9.19 Borrowing From or Lending to        9.25 Borrowing from or Lending
 Customers.                               to Customers.
------------------------------------------------------------------------

    The proposed rule changes make only non-substantive changes to the
rules in order to update headings that better flow with the
consolidated rules, update cross-references to other rule text that
will be implemented upon migration, update certain technical text
formatting that will be used in the Rules upon migration (e.g., using
words for numbers below 10 in the text and numerals for numbers above
10 in the text), incorporate defined terms, and reformat the paragraph
lettering and numbering. The proposed change removes an expired clause
under current Rule 9.3A(a)(3) (proposed Rule 3.33(a)(3)) which
currently states that, until January 4, 2016, the Exchange will offer
the S501 Series 56 Proprietary Trader Continuing Education Program for
Series 56 registered persons, and the S101 General Program for Series
7, Series 57, and all other registered persons. The proposed rule also
makes non-substantive changes in connection with removing a redundant
rule. The proposed rule change removes Rule 28.13 which states that the
rules in Chapter 9 have a parallel application to Corporate Debt
Security options, as this is redundant of the Chapter itself and its
applicability to all options trading on the Exchange. It also removes
the language under current Rule 21.19A regarding current Rule 9.15,
which states that Rule 9.15 requires delivery of the current options
disclosure document, because this is redundant of Rule 9.15 itself.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ requirements that the rules of an exchange be
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 regulating, clearing,
settling, processing information with respect to, and 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 investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
---------------------------------------------------------------------------

    The proposed rule change does not make any substantive changes to
the rules and is merely intended to consolidate, reorganize, and make
non-substantive updates to the Exchange's rules in anticipation of the
technology migration on October 7, 2019. The Exchange believes that the
non-substantive proposed changes, which update technical text and
formatting (e.g., paragraph headings and number-related references),
update rule cross-references, consolidate and reorganize rules and rule
paragraphs and/or Interpretations and Policies, and remove an expired
clause and a redundant rule that is integrally provided for in the
Chapter in which it references, will foster cooperation and
coordination with those facilitating transactions in securities and
remove impediments to and perfect the mechanism of a free and open
market and national market system by simplifying the Exchange Rules and
Rulebook as a whole, and making its Rules easier to follow and
understand, which will also result in less burdensome and more
efficient regulatory compliance.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange reiterates that
the proposed rule change is being proposed in the context of a
technology migration of the Cboe Affiliated Exchanges, and not as a
competitive filing. The Exchange does not believe that the proposed
rule change will impose any burden on intramarket competition because
it does not make any substantive changes to the current Exchange Rules.
The proposed rule change merely intends to provide consolidated rules
upon migration and are consistent with the technical text and
formatting in the shell Rulebook that will be in place come October 7,
2019. The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition because the proposed rules
are the same as the Exchange's current rules, all of which have all
been previously filed with the Commission.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the Exchange may implement the proposed rule change at the time of its
anticipated October 7, 2019 system migration. The Exchange believes
that waiver of the operative delay is appropriate because, as the
Exchange discussed above, its proposal does not make any substantive
changes to the Exchange's rules. The Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest because the proposal does not raise
any new or novel issues and makes only non-substantive changes to the
rules. Therefore, the Commission hereby waives the operative delay and
designates the proposal as operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
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-CBOE-2019-088 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-CBOE-2019-088. 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-CBOE-2019-088 and should be submitted on
or before October 31, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-22139 Filed 10-9-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 185 (Monday, September 24, 2012)]
[Proposed Rules]
[Pages 58787-58789]
[FR Doc No: 2012-23432]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0997; Directorate Identifier 2012-NM-060-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain Bombardier, Inc. Model CL-600-2C10
(Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15
(Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional
Jet Series 900) airplanes. The existing AD currently requires
repetitive inspections of the rudder travel limiter (RTL) return
springs and primary actuator, and corrective actions if necessary.
Since we issued that AD, terminating action has been developed which
eliminates the need for the repetitive inspections. This proposed AD
would require replacing certain RTL return springs, including doing
related investigative and corrective actions, if necessary; and would
also revise the applicability. We are proposing this AD to prevent
failure of the RTL, which would permit an increase of rudder authority
beyond normal structural limits and consequently affect the
controllability of the airplane.

DATES: We must receive comments on this proposed AD by November 8,
2012.

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 service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. 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: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; 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-2012-0997;
Directorate Identifier 2012-NM-060-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

    On January 25, 2011, we issued AD 2011-03-13, Amendment 39-16597
(76 FR 6539, February 7, 2011). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2011-03-13, Amendment 39-16597 (76 FR 6539,
February 7, 2011), Transport Canada Civil Aviation (TCCA), which is the
airworthiness authority for Canada, has issued Canadian Airworthiness
Directive CF-2010-18R1, dated March 19, 2012 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

Rudder Travel Limiter (RTL) return spring, part number (P/N) E0650-
069-2750S, failed prior to completion of the required endurance
test. In addition, the replacement RTL return spring, P/N 670-93465-
1 (see Note) was found to be susceptible to chafing on the primary
actuator, which could also result in eventual dormant spring
failure. There are two return springs in the RTL and if both springs
failed, a subsequent mechanical disconnect of the RTL components
would result in an unannunciated failure of the RTL. This, in turn,
would permit an increase of rudder authority beyond normal
structural limits and, in the event of a strong rudder input, the
controllability of the aeroplane could be affected.

Note: RTL return springs, P/N 670-93465-1, were installed in
production aeroplanes serial number 10266 (CL-600-2C10) and 15182
(CL-600-2D24) respectively and were introduced in-service by
[Bombardier] Service Bulletin (SB) 670BA-27-047. [Bombardier] SB
670BA-27-047 has since been superseded by [Bombardier] SB 670BA-27-
055.

This [TCCA] AD mandates repetitive [detailed] visual inspection of
the RTL [for broken] return springs and [damage through the casing
or chafing of the casing of the] primary actuator, [and] replacement
of parts as necessary.

This revision mandates the installation of the RTL return spring, P/
N BA670-93468-1, as a terminating action to this [TCCA] AD.

This proposed AD would expand the applicability by adding Model CL-600-
2C10 (Regional Jet Series 700, 701, & 702) airplane, serial number
10002. This proposed AD would also reduce the applicability by removing
Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes
serial numbers 10334 and subsequent; and also removes Model CL-600-
2D15, serial numbers 15289 and subsequent. The installation consists of
replacing certain RTL return springs with new springs and doing related
investigative and corrective actions, if necessary. The related
investigative action is a detailed inspection of the casing of the
primary actuator for signs of chafing or missing paint. Corrective
actions include replacing any broken return spring with

a new spring, repairing any chafing of the primary actuator on its
casing, and replacing any primary actuator that has damage through its
casing with a new actuator. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletin 670BA-27-059, Revision
A, dated March 8, 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 366 products of U.S. registry.
    The actions that are required by AD 2011-03-13, Amendment 39-16597
(76 FR 6539, February 7, 2011), and retained in this proposed AD take
about 2 work-hours per product, at an average labor rate of $85 per
work hour. Based on these figures, the estimated cost of the currently
required actions is $170 per product.
    We estimate that it would take about 8 work-hours per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $1,291
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the proposed AD
on U.S. operators to be $721,386, or $1,971 per product.

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

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2011-03-13, Amendment 39-16597 (76 FR 6539, February 7, 2011), and
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-0997; Directorate Identifier
2012-NM-060-AD.

(a) Comments Due Date

    We must receive comments by November 8, 2012.

(b) Affected ADs

    This AD supersedes AD 2011-03-13, Amendment 39-16597 (76 FR
6539, February 7, 2011).

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes identified in
paragraphs (c)(1) and (c)(2) of this AD, certificated in any
category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702)
airplanes, serial numbers 10002 through 10333 inclusive.
    (2) Model CL-600-2D15 (Regional Jet Series 705) airplanes; and
Model CL-600-2D24 (Regional Jet Series 900) airplanes, serial
numbers 15001 through 15288 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by reports of failure of the rudder travel
limiter (RTL) return spring. We are issuing this AD to prevent
failure of the RTL, which would permit an increase of rudder
authority beyond normal structural limits and consequently affect
the controllability of the airplane.

(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) Retained Initial Inspections and Replacement/Repair for Certain
Airplanes

    This paragraph restates the requirements of paragraph (g) of AD
2011-03-13, Amendment 39-16597 (76 FR 6539, February 7, 2011).
Except for Model CL-600-2C10 (Regional Jet Series 700, 701, & 702)
airplane, serial number 10002, for airplanes that have accumulated
4,000 or less total flight hours as of March 14, 2011 (the effective
date of AD 2011-03-13): Before the accumulation of 6,000 total
flight hours, do a detailed inspection of the RTL for broken return
springs and damage through the casing, or chafing of the casing of
the primary actuator, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-27-055, Revision
A, dated August 6, 2010. Before further flight, replace any broken
return springs with new springs, and repair or replace with a new
actuator any chafed or damaged primary actuator, as applicable, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-27-055, Revision A,

dated August 6, 2010. Repeat the inspection thereafter at intervals
not to exceed 6,000 flight hours. Accomplishment of the actions
required by paragraph (j) of this AD terminates the requirements of
this paragraph.

(h) Retained Initial Inspections and Replacement/Repair for Certain
Higher Flight Time Airplanes

    This paragraph restates the requirements of paragraph (h) of AD
2011-03-13, Amendment 39-16597 (76 FR 6539, February 7, 2011).
Except for Model CL-600-2C10 (Regional Jet Series 700, 701, & 702)
airplane, serial number 10002, for airplanes that have accumulated
more than 4,000 total flight hours as of March 14, 2011 (the
effective date of AD 2011-03-13): Within 2,000 flight hours after
March 14, 2011 (the effective date of AD 2011-03-13), do a detailed
inspection of the RTL for broken return springs and damage through
the casing, or chafing of the casing of the primary actuator, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-27-055, Revision A, dated August 6, 2010.
Before further flight, replace any broken return springs with new
springs, and repair or replace any chafed or damaged primary
actuator with a new actuator, as applicable, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-
055, Revision A, dated August 6, 2010. Repeat the inspection
thereafter at intervals not to exceed 6,000 flight hours.
Accomplishment of the actions required by paragraph (j) of this AD
terminates the requirements of this paragraph.

(i) New RTL Spring Inspection and Replacement for a Certain Airplane

    For Model CL-600-2C10 (Regional Jet Series 700, 701, & 702)
airplane, serial number 10002, at the applicable time specified in
paragraph (i)(1) or (i)(2) of this AD: Do a detailed inspection of
the RTL for broken return springs and damage through the casing, or
chafing of the casing of the primary actuator, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin
670BA-27-055, Revision A, dated August 6, 2010. Before further
flight, replace any broken return springs with new springs, and
repair or replace with a new actuator any chafed or damaged primary
actuator, as applicable, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-27-055, Revision
A, dated August 6, 2010. Repeat the inspection thereafter at
intervals not to exceed 6,000 flight hours. Accomplishment of the
applicable actions required by paragraph (j) of this AD terminates
the requirements of this paragraph.
    (1) If the airplane has accumulated 4,000 or less total flight
hours as of the effective date of this AD: Before the accumulation
of 6,000 total flight hours.
    (2) If the airplane has accumulated more than 4,000 total flight
hours as of the effective date of this AD: Within 2,000 flight hours
after the effective date of this AD.

(j) New RTL Spring Replacement

    At the applicable time specified in paragraph (j)(1) or (j)(2)
of this AD: Replace the RTL return springs with new springs, and do
all applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-27-059, Revision A, dated March 8, 2012. Do
all applicable related investigative and corrective actions before
further flight. Accomplishment of the applicable actions required by
this paragraph terminates the requirements of paragraphs (g), (h),
and (i) of this AD.
    (1) For airplanes with RTL return springs having part number (P/
N) 670-93465-1: Within 6,000 flight cycles after the effective date
of this AD.
    (2) For airplanes with RTL return springs having P/N E0650-069-
2750S: At the applicable time specified in paragraph (j)(2)(i),
(j)(2)(ii), or (j)(2)(iii) of this AD.
    (i) For airplanes with 15,400 total flight cycles or more as of
the effective date of this AD: Within 2,000 flight cycles after the
effective date of this AD.
    (ii) For airplanes with 5,200 total flight cycles or more, but
less than 15,400 total flight cycles as of the effective date of
this AD: Within 5,000 flight cycles after the effective date of this
AD, but not to exceed 17,400 total flight cycles.
    (iii) For airplanes with less than 5,200 total flight cycles as
of the effective date of this AD: Before accumulating 10,200 total
flight cycles.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before March 14, 2011 (the effective date of AD 2011-03-13,
Amendment 39-16597 (76 FR 6539, February 7, 2011)), using Bombardier
Service Bulletin 670BA-27-055, dated May 11, 2010, which is not
incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by
paragraph (j) of this AD, if those actions were performed before the
effective date of this AD using Bombardier Service Bulletin 670BA-
27-059, dated October 12, 2011, which is not incorporated by
reference in this AD.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone 516-
228-7300; 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. The AMOC approval letter
must specifically reference this AD. AMOCs approved previously in
accordance with AD 2011-03-13, Amendment 39-16597 (76 FR 6539,
February 7, 2011), are approved as AMOCs for 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 MCAI Canadian Airworthiness Directive CF-2010-18R1,
dated March 19, 2012, and the following service information, for
related information.
    (i) Bombardier Service Bulletin 670BA-27-059, Revision A, dated
March 8, 2012.
    (ii) Bombardier Service Bulletin 670BA-27-055, Revision A, dated
August 6, 2010.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 11, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-23432 Filed 9-21-12; 8:45 am]
BILLING CODE 4910-13-P